SANJAY ORAON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In both the writ petitions, the common order dated 5.5.2003 passed by the Commissioner, North Chotanagpur Division, Hazaribag in Land Restoration Revision No. 62 of 2002 and 63 of 2002 are under challenge where under he has set aside the order dated 25.6.2002 passed by the Additional Collector, Chatra in Land Restoration Appeal No. 98 of 2002 and 99 of 2002 and has also set aside the order dated 8.5.2002 passed by the Sub Divisional Officer (S.D.O.), Chatra in Land Restoration Case No. 2/1994 -95 and 1/1994 -95. Petitioner in both the writ petitions are the same while the private respondents are different. In the Land Revision Case No. 62/02, restoration of plot no. 27, 32, 61, 77, 78,98,99, 105, 106, 116, 118, 188 and 189 involving 9.80 acres of Khata no. 7 and in Revision No. 63/02, restoration for plot no. 18,29,30,63,82,90,185,180, 242,195, 204, 205, 302,307, 350 of Khata no. 12 measuring an area of 9.46 acres of village Mangardaha, P.S. Piparwar District Chatra were in question. Petitioner claimed to be a Tribal Tenant whose name was recorded in the cadestral survey records and continued in possession over the aforesaid piece of land till he was dispossessed sometime in the year 1982 -83 by the private respondents leading to the institutions of Land Restoration cases in the year 1984 -85.

(3.) It is incidental to state herein that the order dated 8.5.2002 passed by the Land Restoration Officer is on remand by the Additional Collector, Hazaribag. It is also relevant to mention here and as is evident from the impugned orders and the pleadings on record that the land in question stood acquired by the Central Coalfields Limited sometime in the year 1985 and compensation as well as employment has been given to the private respondents. The private respondents set up a plea before the inferior authority that the Tribal tenant failed to deposit the rent to the Zamindar and surrendered their land where after by way of a Hukumnaka on 10.5.1937, the land was settled in favour of the ancestors of the private respondents who made the land cultivable and paid rent to the Zamindar. The Zamindar filed his return after vesting which refer to the plots given in settlement to the ancestors of the private respondents. It is their case that it is only in 1984 that the petitioner filed a petition for restoration of the land in question in order to make a claim for job in Piparwar Project under C.C.L after the acquisition was over. The restoration case was registered as 16/1985 -86 and 27/1986 -87 before the Deputy Collector, Land Reform who dismissed the claim of the petitioner. Thereafter the Additional Collector, Chatra remanded the case to the S.D.O, Chatra who heard and passed the order dated 8.5.2002 allowing the restoration in favour of the Tribal applicant i.e. petitioner herein. The Additional Collector, Chatra dismissed the appeal at the admission stage and thereafter the private respondents preferred the revision petition before the Commissioner, North Chotanagpur Division, Hazaribag from whose order the instant writ petition arises.