M.Y.EQBAL, J. - (1.) IN these two writ applications since common question of law is involved, the same are disposed of by this common judgment.
(2.) THE question that falls for consideration is whether in view of specific provision made under Sub -section (5) of Section 49 of the Chotanagpur Tenancy Act (in short CNT Act or the said Act) for annulment of transfer, the provision of Section 71 -A of the said Act can be resorted to for restoration of land? In CWJC No. 2321/91 (R) petitioners case is that he purchased land comprised within R.S. plot Nos. 1947, 1948 and 1949 under Khata No. 79 of village -Booti, district Ranchi from the sons of Bipta Pahan, the recorded tenant who inherited him after his death. Before purchase of the land permission was duly accorded by the Deputy Commissioner under Section 49 of the said Act by order dated 11.11.1959 in Misc. Case No. 34 -R (2) of 1959 -60. The transfer of the land was then made by virtue of a registered sale deed dated 2.12.1959 and the consideration amount fixed by the Deputy Commissioner was paid to the vendors. Petitioners further case is that after purchase he got his name mutated in the office of the State of Bihar vide Mutation Case No. 51 -R 27/1960 -61. In the year 1991 respondent No. 4 claiming himself to be the heir of the recorded tenant filed an application purported to be under Section 71 -A of the CNT Act against the petitioner claiming restoration of the land on the ground, inter alia, that the transfer was effected by illegal manner. The said application was registered as SAR case No. 185/1990 -91 in the court of respondent No. 3, the Special Officer. Scheduled Area Regulation. Ranchi. On being noticed, the petitioner filed show cause and also a separate application challenging the jurisdiction of the Special Officer to entertain the application under Section 71 -A of the said Act. The Special Officer, by the impugned order, held that the application under Section 71A of the said Act is maintainable.
(3.) IN CWJC No. 1584/92(R) petitioners case is that the land of khata No. 224, plot Nos, 2613 and 2615 situated at village - Bargain. PS Ranchi (now Bariatu) stood recorded under Bhujnhari Khewat No. 10/3 in the name of ancestors of Khudia Pahan. Kudia Pahan, the successor of recorded Bhumidhar made an application before the Deputy Commissioner, Ranchi in the year, 1937 for permission under Section 49 of the said Act for transfer of the said land and the Deputy Commissioner accorded permission vide order dated 19.10.1936 in Permission Case No. 7R 8(2) of 1936 -37. On the basis of the permission granted by the Deputy Commissioner, the land was transferred in favour of the predecessor in -interest of the petitioners by virtue of a registered deed of sale dated 24.1.1940. The land in question was then came in different hands by transfer and ultimately in the hands of the petitioners. In the year 1990 respondent Nos. 3 and 4 allegedly claiming themselves to be the legal heirs of Khudia Pahan, filed an application for restoration of the said land under Section 71A of the said Act on the ground that the transfer was made in contravention of Section 49 of the said Act, the said application was registered as SAR Case No. 157 of 1990 -91. In this writ application also the petitioners have challenged the jurisdiction of the Special Officer to entertain the said application under Section 71A of the said Act and the Special Officer by the impugned order held that the application under Section 71A of the said Act is maintainable.;