AMARESHWAR SAHAY, J. - (1.) RESPONDENT No. 4 had filed an application before the Additional Collector under Section 71 -A of the Chhotanagpur Tenancy Act (hereinafter to be referred as the "Act" for the sake of convenience) for restoration of altogether 23 plots under Khata No. 257 situated in village Gotra PS Simdega, District Ranchi (now Gumla) on the ground that the transfer of the land was in violation of Section 46 of the Act. The said application for restoration was registered as SAR case No. 283 of 1979 -80. The Deputy Collector by his order dated 20.10.1981 dismissed the application filed by the respondent No. 4 on the ground that as it was filed beyond 30 years, therefore, it was barred by limitation.
(2.) BEING aggrieved by the said order of Deputy Collector, respondent No. 4 filed an appeal before the Additional Collector, Gumla who by his order dated 27.4.1984 allowed the appeal, set aside the order of the Deputy Collector and ordered for restoration of the lands in question in favour of the respondent No. 4. The said order of the Additional Collector has been annexed as Annexure 2 to this writ application. Thereafter against the said order, the petitioner moved before the Commissioner, South Chhotanagpur, Division Ranchi by filing a revision application which was dismissed in limine at the stage of admission itself, as it appears from the Annexure 3 to the writ application. Against the said order of the Revision Court the petitioner moved before this Court by filing CWJC No. 910 of 1984, which was disposed of after setting aside the order the Revisional Court and the matter was remanded to the Commissioner for deciding the revision application on merits. It was also indicated in the said order that under Section 217 of the Act, which is a revisional power, Revisional Authority had wide power under Section 217 of the said Act and it is not circumscribed by Section 151 of the Code of Civil Procedure. It appears that by order dated 7.6.1997 as contained in the Annexure 5, the learned Commissioner, South Chhotanagpur i.e., Revisional Authority again dismissed the Revision application but of course by a detail reasoned order after hearing the parties.
(3.) FROM perusal of the Revisional order it appears that the learned Commissioner has held that jarpeshgi deed as well as dar raiyati are valid for only five years as per the relevant provision of the said Act and they do not confirm on transferee the rights of a raiyat. It was held that the transfer of the land was made without prior permission of the Deputy Commissioner as per the provisions of the Act.;