RAJESHWARI DEVI Vs. COMMISSIONER, SOUTH CHHOTANAGPUR DIVISION

JUDGEMENT

(1.) THE Judgment/order of the Commissioner, South Chhotanagpur Division, Ranchi dated 20.04.1999 in S.A.R. Revision No. 288 of 1987 contained in Annexure - 3 to the writ application is under challenge, whereby the learned Commissioner, in exercise of the powers under Section 217 of the Chhotanagpur Tenancy Act (in short C.N.T. Act) has allowed the revision filed by the respondents by setting aside the order dated 24.09,1986 of the Special Officer, Scheduled Area Regulation (Annexure - 1) and the appellate order dated 25.08.1987 (Annexure - 2).

(2.) THE land in question in the present case is Plot No. 608 of Khata No. 1 area 42 Decimals situated in village - Haradih, P.S. -Tamar, District - Ranchi. This land was recorded in the Survey Record of Rights as "Zirat" land of ex - landlord Manki Sita Nath Singh. The ex -landlord settled the above lands with the fattier of the Respondent Nos. 4 to 7 i.e. with Late Sukhu Mahto on 22.08.1951 by a Hukumnama.

(3.) THE application for restoration was allowed by the Special Officer, S.A.R. vide Annexure - 1 to this writ application. The said order of the Special Officer was challenged by present Respondents 4 to 7 in appeal but vide the appellate order dated 25.08.1987 (Annexure - 2), the appeal was dismissed. Thereafter, a revision was filed by the present Respondent Nos. 4 to 7 before the Commissioner, South Chhotanagpur Division which was allowed vide the impugned order dated 20.04.1999 contained in Annexure - 3 to this application.