D.G.R. Patnaik, J. - (1.) SINCE the issues involved in these writ applications are identical, they are taken up together for disposal by this common order.
(2.) THESE writ applications arise out of the common order dated 30.10.1996 passed by the Appellate Authority in the individual SAR Appeals, allowing the appeals filed by the private respondents, directing restoration of the lands, under Section 71A of the CNT Act, in respect of the three appellants namely, the appellants/petitioners of WPC Nos. 910/04, 906/04 and 930/04. In the remaining two appeals while allowing the appeals of the private respondents, the Appellate Authority lad directed for assessment of compensation to be paid as per proviso to Section 71A of the Act. It may be mentioned that by the interim order dated 26.02.2004 passed in these writ applications, the operation of the impugned orders have been stayed. Heard Learned counsel for the parties including the counsel for the private respondents.
(3.) FROM the rival submissions of the learned Counsel for the parties, the admitted facts which emerge are, as follows: The lands in dispute in the present writ applications, are the lands pertaining to plot Nos. 648 and 655 under Khata No. 25 situated at village Kathargonda, P.S. Gonda Town, District - Ranchi. In the Revisional Survey Record of right, these lands were recorded in the name of Jhubla Munda, son of Kolha Munda who was in possession of the lands. By virtue of a Registered Deed of Mokrari Settlement dated 25.11.1940, the then landlord transferred the permanent heritable and transferable Mokarari settlement and tenure interest of the various lands of the village of village Kathar, including the disputed lands, in favour of one Smt. Saudamani Devi. Later, the recorded raiyat Jhubla Munda applied for and obtained permission from the settlee Saudamani Devi for grant of Chapperbandi right over the lands in her possession. The permission was granted by virtue of the Registered Deed of Chhapperbandi lease dated 2.1.1953. After having obtained permission for converting the lands into Chhaparbandi, Jhubla Munda sold 0.96 acres of R.S. Plot No. 648 and 0.96 acres of lands of R.S. Plot No. 655 in favour of one Jay Kishore Nath Sahadeo by virtue of a registered sale deed dated 3.1.1953. The purchaser Jai kishore Nath Sahadeo, after coming into the possession of the lands, had constructed a boundary wall around the purchased lands and had also raised substantial structure thereon. Later, the purchaser Jai Kishore Nath Sahadeo sold portions of the purchased lands which he had purchased, to several prospective purchasers by virtue of separate sale deeds executed on different dates. The petitioners are some of such purchasers who have purchased the lands in dispute in the present cases and since after the date of purchase, their names have been mutated in the Revenue Records of the State Government and they are paying rents. The petitioners have also constructed/renovated the old structures as per the plan sanctioned and approved by the Ranchi Improvement Trust/Ranchi Regional Development Authority and have been coming in occupation and possession of the lands and the houses along with the members of their respective families. Their names have also been mutated in the Ranchi Municipal Corporation and they have been paying rents regularly.;