M.Y.EQBAL,J. - (1.) IN this writ application petitioners have challenged the order, dated. 28.7.1998 passed by Commissioner, South Chhotanagpur Division, Ranchi in S.A.R. No. 217/94, whereby, he has allowed the revision application and set -aside the order of restoration of land passed by Special Officer, Schedule Area Regulation, Ranchi in S.A.R. No. 116/92 -93 and the order, dated 7.9.1994 passed by Additional Collector, Ranchi in the Regulation Appeals No. 2 R5/93 -94 and S.A.R. appeal No. 89R 15/93 -94.
(2.) THE facts of case lie in a narrow campus. The land pertaining to R.S. Plot No. 3126, Khata No. 232 area 43 decimals of village Argora, Ranchi stood recorded in the name of father of the writ petitioners, namely, Martin Oraon along with Samual Oraon, Haroon Oraon and Prabhudas Oraon. After the death of the recorded tenant, the petitioner inherited the aforesaid land and were exercising all right title interest and possession. Petitioners' case is that, in 1983 -84, while petitioners were in peaceful possession of the aforesaid land, the respondent Nos. 6 to 8 illegally and forcefully dispossessed them and tried to construct a hut. Petitioners after having failed to evict the respondents from forceful possession moved the Special Officer in 1992 by filing application for restoration under Section 71 -A of the Chhotanagpur Tenancy Act. The said application was registered as S.A.R. Case No. 116/92 -93. The opposite -party Nos. 6 to 8 (in short, 'private respondents') appeared and opposed the restoration application on the ground that they are in possession of the land in exchange of other land much before 50 -60 years and they have made construction over it. The said respondents in support of their claim filed sada document of exchange allegedly signed by the father of the petitioners, namely, Martin Oraon. The Special Officer after considering the case of the parties held that petitioners were illegally dispossessed from the land in question and accordingly ordered for restoration of land in favour of the petitioners. The Special Officer, however, held that since the respondents have been found in possession of the land in question for more than 30 years, they are entitled to get compensation under the Proviso to Section 71 -A of the said Act.
(3.) AGGRIEVED by the order, dated 2.2.1993 passed by the Special Officer, the respondents filed appeal before the Additional Collector being S.A.R. Appeal No. 2 R -15/93 -94. The Petitioners also filed S.A.R. Appeal No. 89 -R 15/93 -94 against that part of the order of the SpecialOfficer whereby he has directed for fixation of compensation. Both the appeals were heard together and disposed of by the Additional Collector in terms of order, dated 7.9.1994. The Appellate Authority after hearing the parties and after considering all the documents came to the conclusion that respondents failed to prove their possession over the land in question since before 1969. The Appellate Court further held that the document alleged to be of the year 1942 is not an important paper but an unregistered sada document and no legal validity attached to it. The Appellate Authority recorded a finding that the respondents are in illegal possession of the land for the last about ten years. Accordingly, the Appellate Authority dismissed the appeal filed by the respondents and allowed the appeal filed by the petitioners and set -aside that part of the order of the Special Officer whereby he has directed for restoration of land on payment of compensation. The respondents then filed Revision before the Commissioner, South Chhotanagpur Division, Ranchi against the orders passed by the Appellate Authority. The said revision application was registered as S.A.R. No. 270/1994. The Revisional Authority allowed the revision application and sot -aside the orders of restoration passed by the respondents authority by the impugned order holding that sada document of the year 1942 is a deed -of -exchange whereby respondents came in possession of the land in question, and the said deed -of -exchange is a valid document.;