- (1.) The petitioner by way of filing the present petition under Article 226 of the Constitution of India has prayed for issuance of an appropriate writ/order/direction directing the respondents specially respondent no. 2 for allowing the petitioners an opportunity of hearing in the matter concerning Scheduled Area Regulation Case No. 40 of 1997-1998, as the said proceeding under section 71A of the Chotanagpur Tenancy Act is still pending for delivery of possession of land recorded in Revisional Survey plot nos. 305 and 306 and under Khata No. 94 of village Jorar Police Station Namkom District Ranchi in favour of descendants of tenants recorded under said Khata. It is further prayed that only after hearing the petitioners, further proceeding in the said Scheduled Area Regulation case may be carried out. Heard the learned counsel appearing for the petitioners as well as the learned counsel appearing for the Respondent-State Government. Perused the petition and the documents annexed with the petition as well as the counter affidavit filed by the State Government.
(2.) On perusal of the same it transpires that the case of the petitioners is that they are in possession of the plots in question and they have not been heard in SAR proceedings initiated under section 71A of the C.N.T. Act.
(3.) The learned counsel appearing for the petitioners by referring Annexure-6 invited attention of this Court that the petitioners approached the Scheduled Area Regulation Authority vide representation dated 21.2.2009. The learned counsel appearing for the petitioners by referring paragraph 26 of the petition pointed out that in response to the representation made by the petitioners respondent no. 2 informed the petitioner that since his predecessor has passed the order dated 17.8.1999, he is not going to interfere with the said order.;