SUKRA KARMALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India wherein the order dated 19.02.2018 passed in S.A.R. Revision No.20/2010 by the Court of Commissioner, South Chotanagpur Division, Ranchi is under challenge whereby and whereunder the order passed by the Additional Collector, Ranchi under its appellate jurisdiction on 22.02.2010 has been affirmed.

(2.) It is the case of the petitioner that he belongs to Lohra community, therefore he being in the category of Scheduled Tribe, hence any transfer of the land if made in contravention of provision of Section 46 of Chotanagpur Tenancy Act, 1908 will be said to be illegal, keeping that fact into consideration, an application has been filed under the provision of Section 71(A) of Chotanagpur Tenancy Act, 1908 for restoration of the aforesaid land in his favour. The schedule area regulation case has been initiated being S.A.R. Case No.166 of 1989- 90 wherein an order has been passed presuming the petitioner as Lohra on the basis of the customs and conventions. Against the said order, an appeal was preferred being S.A.R. Appeal No.07R15/2009-10 wherein vide order dated 22.02.2010 the order passed by the Special Office in S.A.R. Case No.166 of 1989-90 has been reversed on the ground that the record of rights i.e. Khatiyan, the land belongs to Lohar and it is the admitted case of the petitioner that he belongs to Lohra.

(3.) The petitioner being aggrieved with the said order has approached before the revisional authority by filing revision before the Commissioner, South Chotanagpur Division, Ranchi, who vide order dated 19.02.2018 has declined to interfere with the finding of the appellate authority against which the present writ petition has been filed.