LAL PHANINDRA NATH SAHDEO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) S .A.R. Case No. 85/188 -89 was registered on the application dated 20.9.1988 for restoration of 25 decimals of land filed by Augustus Barwa Oraon (respondent No. 5) and S.A.R. Case No. 86/1988 -89 was registered on the application dated 26.10.1988 filed by Habartus Tigga. (respondent No. 6), both members of Schedule Tribe, for restoration of 23 decimals of land (Plot No. 264, Khata No. 2/2 and 2/1, P.S. Chainpur -Gumla), under Section 71A of the Chhotanagpur Tenancy Act (the Act for short). Their case in short was as follows. They purchased the said lands from the petitioner by registered sale deeds dated 29.6.1973 and 12.6.1978 respectively. Mutation was done in their favour. But they were forcefully dispossessed by the petitioner on 15.3.1988 after getting their endorsements done on the back of the sale deeds to the effect that - after receiving some more amount the lands were given back to the petitioner.

(3.) THE said applications tiled by respondents No. 5 and 6 were dismissed by the D.C.L.R. -cum -Special Officer on 11.7.1989. He held that the cancellation of the sale deeds by such endorsements was not permissible but on the ground that forcible dispossession did not amount to transfer he held that applications under Section 71A of the Act were not. maintainable. In the appeals filed by respondents 5 and 6, the Additional Collector set aside the said orders and allowed the restoration application filed by them on the basis of the Judgment dated 18.7.1991 passed by the Supreme Court in Civil Appeal No. 955 of 1991, (Pandey Oraon v. Ram Chander Sahu 1992 Supp (2) SCC 77). Against these orders, petitioner preferred revisions which were dismissed by the Commissioner.