- (1.) Despite service of notices upon Respondent Nos. 6 to 11, they have neither appeared in person nor through lawyer. Counsel for the Respondent Nos. 1 to 5 is present. This case is therefore taken up for hearing on the basis of the submissions made by the counsel for the petitioners and counsel for the Respondent Nos. 1 to 5.
(2.) The petitioners in this writ application have challenged the order dated 28.08.1999 passed by the Special Officer, Scheduled Area Regulation, Ranchi (Respondent No. 4) in S.A.R. Case No. 129 of 1986-87 of the C.N.T. Act, 1908, whereby and whereunder the restoration of the lands under dispute has been allowed in favour of the private respondent Nos. 6 to 11 under Section 71-A (C.N.T. Act, 1908). Challenge also is to the order dated 03.06.2002 (Annexure-6) passed by the Deputy Commissioner, Ranchi (Respondent No. 3) in Case No. 200 R 15/1999-2000, whereby the appeal filed by the petitioners against the impugned order of the Special Officer was dismissed. Further, challenge is also to the order dated 26.08.2003 (Annexure-7) passed by the Commissioner, South Chotanagpur Division, Ranchi (Respondent No. 2) in S.A.R. Revision No. 97 of 2003, whereby the revision filed against the impugned order of the Deputy Commissioner was dismissed.
(3.) Facts relevant for the disposal of this case is as follows: On the basis of a report submitted by the Circle Officer, Town Anchal, Ranchi (Respondent No. 5), a proceeding under Section 71-A of the C.N.T. Act, vide S.A.R. No. 129 of 1986-87 was initiated against the Respondent No. 6 in respect of the lands appertaining to Plot No. 759 under Khata No. 34 situated at Hindpiri, Ranchi, admeasuring 33 decimals. An order of eviction was passed in the case, but the same could not be executed, since on visiting the said lands, the petitioners were found in possession of the lands.;