LAWS(JHAR)-2019-2-171

SURENDRA DEOGAM Vs. STATE OF JHARKHAND

Decided On February 21, 2019
Surendra Deogam Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) No one appear on behalf of the petitioners. However, Mr. Pratik Sen, learned counsel appearing for the privaterespondents is present.

(2.) In this writ application, the prayer of the petitioners is for quashing of the order dated 30.04.1992 passed by the respondent no. 6 in S.A.R. Case No. 17 of 1970-71 directing the respondent nos. 7 and 8 to pay a sum of Rs. 1,52,202/- as compensation to the petitioners under the second proviso to Section 71 A of the C.N.T. Act to re-validate the transfer of the lands measuring 0.38 acres being Plot No. 894 of Khata No. 37 and 0.16 acres of land in Plot No. 895 of Khata No. 38 situated at village Kaparsai, P.S. Chaibasa, District- Singhbhum (West). The petitioners have also prayed for quashing of the order dated 16.07.1997 passed by the respondent no. 3 dismissing S.A.R. Appeal No. 26 of 1996-97 as well as the order dated 29.06.1999 passed by the respondent no. 2 in which S.A.R. Revision No. 278 of 1997 was dismissed.

(3.) The facts of the case as would appear from the writ application is that on the basis of a report of the Area Manki the Kolhan Superintendent held an enquiry and on being satisfied that the respondent nos. 7 and 8 [since substituted by respondents nos. 8(a) to 8(f)] had occupied the lands measuring 0.38 acres being Plot No. 894 of Khata No. 37 and 0.16 acres being Plot No. 895 of Khata No. 38 situated at village Kaparsai, P.S. Chaibasa, District-Singhbhum (West) belonging to the member of a Scheduled Tribe initiated a proceeding under Section 71A of the C.N.T. Act against the respondent nos. 7 and 8 which was registered as Misc. Case No. 17 of 1970-71.