HARISH CHANDRA KESHRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amar Kumar Sinha, learned Counsel for the petitioner, Mr. P.P.N. Roy, learned senior counsel appearing for Respondent No. 5 and Mr. L.K. Lal, learned Standing Counsel for respondent Nos. 1-4.

(2.) The question for consideration in the present case is as to whether the land in question which has been transferred by a registered document pursuant to an order granting permission by the Deputy Commissioner, Ranchi under Section 49 of the Chhotanagpur Tenancy Act, the claim of the respondent No. 5 for restoration of the said land under the provision of Section 71A of the Chhotanagpur Tenancy Act can be said to be maintainable and whether Respondent Nos. 2 to 4 have any jurisdiction to pass order for restoration of the disputed land in exercise of the power under Section 71A of the Chhotanagpur Tenancy Act, when no contravention of Section 46 or the other provisions of Chhotanagpur Tenancy Act has been alleged.

(3.) The relevant facts, in short, are that the respondent No. 5 filed an application before the Deputy Commissioner, Ranchi on 21/10/1995 under Section 71A of the Chhotanagpur Tenancy Act for restoration of 0.58 acres of land out of RS Plot No. 1721 under Khata No. 140 situated in Village Tangar in the District of Ranchi alleging therein that the said land was illegally and fraudulently taken by the petitioner through a registered sale deed in the year 1993. The said application was registered as SAR Case No. 135 of 1995. The respondent No. 4. i.e. the Special Officer by order dated 06/12/1996 as contained in Annexure-5 passed an order for restoration of the aforesaid land in the favour of the respondent No. 5.