POONAM SRIVASTAV, J. - (1.) HEARD Shri V. Shivnath, Sr. Advocate, assisted by Mr. Birendra Kumar, Advocate, on behalf of the petitioner and Mr. V.K. Prasad, Standing Counsel (Land & Ceiling) on behalf of the respondents.
(2.) THE instant writ petition is preferred challenging the order passed by Respondent No. 2the Commissioner, South Chhotanagpur Division, Ranchi dated 11.12.2001 in Ranchi S.A.R. Appeal No. 2 of 2001 confirming the order dated 20.10.2000 passed by Respondent No. 3Deputy Commissioner, Ranchi in Appeal No. 56 R 15 of 199798 upholding the order dated 19.07.1997 passed by Special Officer, Schedule Area Regulation, Ranchi in S.A.R. Case No. 109 of 199293 restoring the land of the petitioner in favour of the respondent. The submission on behalf of the petitioner is that the land of Khata No. 99 plot No. 1029 having an area of 1.14 acres situated in Village Hesal, P.S. Sukhdeo Nagar, District Ranchi, was initially recorded in the name of Sanicharwa and Mangra Oraon S/o Tota Oraon, and Modi Oraon S/o Tupru Oraon as occupancy raiyat. The aforesaid land was converted into Chhaparbandi by the landlord on a petition by the owner Bigal Oraon and others on 15.05.1953. This land was sold to one Sheo Prasad Sahu by a registered sale deed on 30.10.1959 by Bigal Oraon, Ram Oraon and Sukru Oraon. The aforesaid Sheo Prasad Sahu sold the land to three persons by means of a registered sale deed. The petitioner purchased an area of 9 Kathas, vide sale deed No. 29951 on 28.04.1960. The remaining 2/3rd portion of plot No. 1029 was sold to two different persons. Proceedings under Section 71A of the C.N.T. Act was instituted, vide S.A.R. Case No. 108 of 199293 and S.A.R. Case No. 110 of 199293 before the Special Officer, Ranchi by Respondent No. 5, against Shri Laxman Prasad and Shri R.N. Verma separately. These restoration proceedings were commenced in respect of certain portion of plot No. 1029, the land belonging to the petitioner is also part of the same plot. It was contended that the opposite parties by issue of Sada Hukumnama by the then lordlord of the Village Hesal, converted the land into Chhaparbandi and was settled in favour of Bigal Oraon, Chama Oraon sons of Charwa Oraon and Most. Chakro Oraon, widow of Kali Oraon, Charwa Oraon in the year 1953 (15.05.1953). At the time of transfer of the land in favour of Sheo Prasad Sahu by registered deed of sale dated 30.10.1959, the land was shown as 'Chhaparbandi'. The sale deed is annexed along with the supplementary affidavit as Annexure6 to the writ petition to substantiate this contention.
(3.) LEARNED counsel has also placed a copy of the original sale deed which is part of the lower court records to demonstrate that the sale deed clearly mentions that the land was converted into Chhaparbandi, vide a deed dated 15.05.1953. The two S.A.R. Case Nos. 108 of 199293 and 110 of 199293 were dismissed on the ground that plot No. 1029 of Khata No. 99 is now Chhaparbandi and, therefore, the Special Officer, vide order dated 13.05.1996 was of the view that the provisions of C.N.T. Act is not applicable. Learned counsel submits that orders in the two S.A.R. Cases were brought on record in the court of Commissioner, South Chhotanagpur Division, Ranchi in S.A.R. Revision No. 2 of 2001.;