MOST. CHOUTHI ORAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved of order dated 26.03.2004 in W.P.C. No. 3472 of 2001 whereby, the order passed by the Commissioner, South Chhotanagpur Division in Lohardaga S.A.R. Revision No. 218 of 1987 in favour of the appellants been setaside, the instant Letters Patent Appeal been filed.

(2.) The appellant nos. 1(a) to 1(g) are the legal heirs and successors of Madho Oraon who was respondent no. 5 in the writ petition and the appellant no. 2 was respondent no. 6 in the writ petition. The appellant nos. 1(a) to 1(g) were substituted in place of Madho Oraon vide order dated 15.04.2015. It needs to be mentioned that vide order dated 17.08.2015 the instant appeal was dismissed for want of prosecution however, subsequently, the application for restoration vide C.M.P. No. 311 of 2015 was allowed on 11.03.2016. The instant appeal was admitted vide order dated 21.09.2004 and after the parties exchanged affidavits, it been taken up for final hearing.

(3.) Briefly stated, the father of the original respondent nos. 5 and 6 in the writ petition namely, Moti Oraon filed application under Sec. 71A of Chhotanagpur Tenancy Act, 1908 for restoration of land comprised under Khata No. 92 bearing Plot Nos. 946, 973, 1019 and 1705, total area 5.46 acres in village Juria, P.S. and District Lohardaga. The said application was registered as Land Restoration Case No. 229 of 1977. The case pleaded by the applicant namely, Moti Oraon was that the aforesaid land was recorded in the Revisional Survey in the name of his father namely, Dhandeya Oraon and after his death the aforesaid land came in possession of Moti Oraon. It was pleaded that Bhadru Sahu had held large chunk of land belonging to the Schedule Castes which were released by him after extracting money from them. The said Dhandeya Oraon was an illiterate tribal and the alleged signature of Dhandeya Oraon on the deed of surrender is forged one. The applicant produced a copy of Kewala on which Dhandeya Oraon had only put his signature which establishes that he was an illiterate person. The father of the applicant namely, Moti Oraon remained in possession of the land in question till 1956 and thereafter, he went to Calcutta however, before that rent was paid by Moti Oraon to the Exlandlord from 1934 to 1952. The Special Officer dismissed the restoration application vide order dated 10.07.1978 against which Moti Oraon filed an appeal vide S.A.R. No. 75/R15/7879 however, the appeal was also dismissed on 04.05.1987. The revision petition against the appellate order dated 04.05.1987 was filed by Madho Oraon and Ramjeet Oraon being the legal heirs and successors of Moti Oraon who, in the meantime, had died. As noticed above, the revision petition was allowed vide order dated 09.04.2001 against which Chaitu Oraon and Lalmohan Bhagat preferred the writ petition.