- (1.) The instant writ petition is preferred, challenging the order dated 30th November, 2009 (Annexure 5) passed by the Commissioner, South Chotanagpur Division, Ranchi (respondent no. 2) in S.A.R. Revision No. 75 of 2009 allowing the restoration application filed under Section 71A of the Chotanagpur Tenancy Act, 1908 (hereinafter referred to as "the Act") affirming the appellate order dated 29th July, 2009 (Annexure 3) passed by the Deputy Commissioner, Ranchi in S.A.R. Appeal No. 110 R 15 of 2008-09.
(2.) The facts giving rise to the dispute is that the lands in question comprises Plot Nos. 1161, 1162 and 1163 under Khata No. 103, Village Chutia which was initially recorded in the revisional survey records of right in the name of Birsa Munda and Jhirga Munda both sons of Lagwa Munda. These original tenants surrendered the lands in question by means of three surrender deed: 1st Deed No. 2644 dated 23rd May, 1949, 2nd Deed No, 2329 dated 10th May, 1949 and 3rd Deed No. 541 dated 24th January, 1951 in favour ex-landlord Maharaja Udai Pratap Nath Shahdeo. Consequent on the execution of the aforesaid deeds, the landlord came in possession. The predecessor-in-interest, namely, Harku Sahu executed two registered Kabuliyat bearing Deed No. 3862 dated 9th July, 1949 and Deed No. 4347 dated 15th June, 1951 settling the lands in question in respect of Plot No. 1163 measuring 31 decimal; Plot No. 1162 measuring 77 decimal and the land was settled by virtue of a registered deed of settlement dated 30th August, 1949. Second registered deed was executed on 18th December, 1951 settling the area of 49 decimal in Plot No. 1161 and another 59 decimal of Plot No. 1162. Thus Harku Sahu, the predecessor in interest of the petitioner came in possession and continued as raiyat upon vesting of zamindari interest under the provisions of the Bihar Land Reforms Act, 1950.
(3.) Submission of learned counsel is that Harku Sahu was recognised as a raiyat by the erstwhile State of Bihar and rent receipts were issued by the State of Bihar after vesting. The petitioner no. 1 is son of Harku Sahu and claimed his raiyati rights on the basis of the settlement deeds mentioned hereinbefore.;