M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) THIS writ application is directed against the order dated 11.7.2000 passed by respondent No. 2 Commissioner, South Chhotanagpur Division, Ranchi in Ranchi Revenue Appeal No. 194/96 whereby he has allowed the said revision filed by respondent No. 6 and set aside the orders dated 29.2.1996 and 7.2.1994 passed by the appellate authority and the original authority U/s 71 -A of the CNT Act in SAR Case No. 96/90 -91 and SAR case No. 21 -R 15/94 - 1995. It appears that in 1990, a proceeding was initiated against the petitioner under Section 71 -A of the said Act for restoration of land in favour of respondent No. 6 Mahabir Oraon. The land comprised within Khata No. 258/6. Plot No. 2088/1719 area 1,10 acres in village Terangana, The Special Officer, Schedule Area Regulation rejected the application holding that neither the land is raiyati land nor it was recorded as raiyati land in the name of a raiyat belonging to member of Schedule Tribe, The respondent then preferred appeal before the Additional Collector - -who also came to the conclusion that the land is neither raiyati land nor the raiyat holding possession belonged to a member of Schedule Tribe. The appeal was. accordingly, dismissed. Respondent No, 6 then preferred Rev. Appeal before the Commissioner, South Chhotanagpur Division, Ranchi, which was registered as Rev. Appeal No, 194/96. The Commissioner, however, allowed the Rev. appeal and set aside the order holding that after surrender of the land it was settled with the Zarpesgidar which is evident from the decree passed in Title Suit No. 343/1946 filed by the son of the recorded tenant.
(3.) SECTION 71A of the Act confers jurisdiction to the Deputy Commissioner to restore land in favour of the members of Schedule Tribe on the following conditions: (i) The land must be raiyati land duly recorded in the survey record of right in the name of the raiyat who belongs to Schedule Tribe. (ii) The said raiyat must have been dispossessed from the land by reason of any transfer of the land made in contravention of provisions of Section 46 of the said Act or by any fraudulent method. (iii) If the raft/art land belonging to a Schedule Tribe comes in the hands of a person who is not the member of Schedule Tribe in the aforesaid manner, then the Deputy Commissioner may within the period prescribed under the Act can exercise that power either suo motu or on the application made by such recorded raiyat belonging to member of Schedule Tribe or his successor in interest.;