RAJIV KUMAR TULSYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of an appropriate writ/order/direction in the nature of certiorari for quashing the order dated 10.10.2007 passed by the Commissioner North Chotanagpur Division, Hazaribagh in Land Restoration Appeal No. 132/2006 (as contained in Annexure -9) and order dated 27.7.2006 passed by the learned Additional Collector, Dhanbad i.e. Respondent NO.3 in Land Restoration Case No. 1/0607 (as contained Annexure -8).

(2.) THE facts, in brief, are set out as under: -

(3.) THE main contention raised by Sri Anil Kumar Sinha, learned Senior Counsel for the petitioner is as to whether the authority who passed the order was competent or they lacked jurisdiction to pass the order for restoration of land. The second contention raised is as to whether there is a clear cut violation of Section 49(5) of the Chotanagpur Tenancy Act and it is mandatory that the State Govt. can restore it if the application has been moved within a period of 12 years. The learned Senior Counsel further submits that there is no allegation of misrepresentation or fraud on which the land can be restored.