TAPEN SEN,J. - (1.) IN the instant writ application, the petitioner prays for quashing the order dated 31.3.1990 (Annexure -4) passed by the respondent No. 4 in S.A.R. Appeal No. 2G -R 15/77 -78 whereby and whereunder he held that although from the papers and records it appeared that the lands had been transferred to the petitioners after taking permission under Section 49 of the CNT Act, yet it was not clear as to whether such a permission could have been granted to a private individual in relation to a 'Bhuinhari' land which could be transferred only for charitable and religious purposes. He accordingly remanded the matter to the respondent No. 3 for purposes of making a fresh enquiry and disposal in accordance with law. The petitioner is further aggrieved and prays for quashing the subsequent order dated 11.9.1995 (Annexure -5) passed by the respondent No. 3 in SAR case No. 69/76 -77 whereby and whereunder on the basis of a report of the Circle Officer, Lohardaga made over to him on 13.11.1992, directed restoration of land in favour of the respondent No. 6. The petitioner further prays for quashing of the order dated 9.7.1996 (Annexure -6) passed by the respondent No. 4 in SAR Appeal No. 17 K 15/95 -96 rejecting the appeal filed by the petitioners thereby confirming the order dated 11.9.1995.
(2.) ACCORDING to the petitioners Plot No. 1739 and 1744 are recorded in Khata No. 408 at Lohardaga as the 'Bakasht Bhuinhari' lands of one Phagua Pahan and others. The petitioners have stated that in the year 1946, the CNT Act provided that a Bhuinhari land holder will be required to obtain permission from the Deputy Commissioner before transferring the said land and, the Deputy Commissioner was given jurisdiction/discretion to grant permission for any 'reasonable and sufficient cause'. According to the petitioners, Section 49 of the Chhotanagpur Tenancy Act, 1908 (hereinafter referred to for the sake of brevity as the said Act), as is stood in the year 1946 was as follows : - - '49. Transfer of occupancy holding or Bhuinhari tenure for certain purposes. - -(1) Notwithstanding anything contained in Sections 46, 47 and 48, any occupancy raiyat, or any member of a Bhuinhari family who is referred to in Section 48, may transfer his holding or tenure or any part thereof for any reasonable and sufficient purpose. (2) The expression 'reasonable and sufficient purposes' as used in Sub -section (1), includes - - (a) In the case of a member of a Bhuinhari family, but not in the case of an occupancy raiyat, building purposes generally. (b) In any case, the use of the land for any charitable, religious or educational purposes, or for any other purpose which the State Government may, by general or special order, declare to be a public purpose or for the purposes of manufacture or irrigation, or as building ground for any such purposes, or for access to land used or required for any such purpose, and (c) In any case, the use of the land for the purpose of mining or for any other purpose of mining or for any other purpose which the State Government may by notification declare to be subsidiary thereto or for access to land used or required for any such purpose. (3) Every such transfer must be made by registered deed, and, before the deed is registered and the land transferred, the written consent of the Deputy Commissioner must be obtained to the terms of the deed and to the transfer. (4) Before consenting to any such transfer, the Deputy Commissioner shall satisfy himself that adequate compensation is tendered to the landlord for the loss (if any) caused to him by the transfer, and, where only part of a holding or tenure is transferred, may, if he thinks fit, apportion between the transferee and the original tenant the rent payable for the holding or tenure. Accordingly, the heirs of the recorded tenant Phagua Munda namely Lachchu Munda, Ram Munda. Pekka Munda and Nekal Munda negotiated the sale of 3.52 Acres falling on Plot No. 1739 for a sum of Rs. 4,200/ - with the grandmother of the petitioners for purposes of enabling them to construct a water reservoir or a 'Bandh' so that the same could irrigate not only their land but also the lands of other members of the public in the vicinity and provide water to cattle etc. Consequently, they filed an application on 2.12.1946 under the aforementioned Section 49 of the said Act before the Deputy Commissioner and this was registered as Case No. 20. R. 8(ii) of 1946 -47. Thereafter, the Deputy Commissioner directed the rent suit Deputy Collector to make an enquiry and the said Deputy Collector, after making such an enquiry, submitted a report on 7.12.1947 (vide Annexure 1/A) stating that the plot in question was situated three miles south east of Lohardaga where there was no tank, well or water reservoir and accordingly recommended that permission may be given for transfer of the said land to the grand mother of the petitioners. Upon receipt of the aforementioned report, the Deputy Commissioner accorded his approval under Section 49 of the said Act for the sale of the said land vide Annexure - 1.
(3.) THE petitioners have stated that after the said permission was granted by the Deputy Commissioner, Lohardaga, the grand mother of the petitioners purchased the said 3.52 Acres of land and paid the consideration amount of Rs. 4,200/ - to the recorded tenants whereafter, the lands were duly mutated in the name of the said grand mother. After her death, the name of the father of the petitioners was duly recorded as a tenant and he paid rent to the State of Bihar. After his death, the petitioner themselves have been paying rent. The photocopy of the sale deed along with photocopy of one such rent receipt are annexed as Annexure -2 and 2 -A appended to the writ application. From a perusal of the photocopy of the sale deed, it is apparent that case No. 20 R. (ii) of 1946 -47 is specifically mentioned therein which goes to show that the parties to the sale deed had duly incorporated the fact relating to the filing of the application for permission, which as per Annexure -1, was granted on 17.12.1947 as stated at paragraph 4(c) of the writ application,;