TAPEN SEN, J. - (1.) THE petitioner, in the instant case, has prayed for quashing the order dated 30.12.1997 (Annexure 2) passed by the respondent No. 2 in Ranchi Revenue Revision No. 132 of 1995 allowing the revision thereby setting aside the order dated 24.4.1995 (Annexure 1) which was passed by the Additional Collector, Ranchi in S.A.R. Appeal No. 4 -R 14/89 -90, whereby and whereunder he had allowed the appeal there by setting aside the order dated 4.8.1988 passed by the Special Officer, Scheduled Area Regulations, Ranchi in S.A.R. Case No. 259 of 1982 -83 rejecting the application of the petitioner for restoration of the lands.
(2.) THE lands in question relate to R.S. Plot No. 3721, Khata No. 227, Village :Argora, P.S. : Argora, District : Ranchi, measuring 1.17 acres (hereinafter referred to for the sake of brevity as the said land). The short facts which are necessary to be taken note of are that the petitioner, a member of the Scheduled Tribe, claims that his grand father, Sanicharwa Oraon was the recorded tenant of the said land and had made a transfer of the same through a registered instrument in the year 1946 in favour of one Somra Oraon. However, inspite of the said transfer, the petitioner 'sfather (Etwa) who was the son of the recorded tenant, namely Sanicharwa, continued to be in possession thereof. He continued with such possession even on the death of his father, i.e., Sanicharwa Oraon. The petitioner further claims that after the death of his father (i.e., Etwa) he had been in possession of the land.
(3.) THE petitioner further claims that some time, in the year 1965, the respondent No. 6 having no interest in the property whatsoever, forcibly dispossessed the petitioner. Consequently, some time In the year 1982 -83, the petitioner filed an application for restoration of the said land under Section 71 -A of the Chotanagpur Tenancy Act, 1908 (hereinafter referred to for the sake of brevity as 'the said Act '), which was registered as S.A.R. Case No. 259 of 1982 -83. The then Special Officer, Scheduled Areas Regulation, after hearing the case, passed an order on 28.10.1983 restoring the said land in favour of the petitioner whereafter, on 31.12.1983, delivery of possession was given through the Court in favour of the petitioner.;