TAPEN SEN, J. - (1.) HEARD Mr. A.N. Deo, learned counsel for the petitioner and Mr.M.LK. Chitra, learned J.C. to the S.C. -I forrespondents No. 1 to 5. Although respondents No. 6 to 9 appeared in the instant case by filing vakalatnama, yet no body has appeared on their behalf, although on 26.6.2003 they had appeared and submitted that on account of their files having been misplaced, the matter should be adjourned for about a week. Consequently, the matter was adjourned and it was placed one month thereafter, i.e. on 28.7.2003. Today, when the case was called out, no body appeared on their behalf. In that view of the matter this Court has no option, but to proceed and dispose -off the matter on the basis of the pleadings already on record which includes the writ application and the counter affidavit of the respondents No. 2 to 5.
(2.) THE petitioners, in the instant case have filed this writ application challenging the validity of Annexures 2 and 4. Annexure 2 is the appellate order passed by the Additional Collector in Appeal No. 28 of 1988 by which he was pleased to allow the appeal filed by the respondent No. 6 thereby setting aside the order dated 8.8.1988 passed by the Land Reforms Deputy Collector, Hazaribagh in Restoration Case No. 48 of 1986. By Annexure 4 the Revisional Authority, namely, the Commissioner, North Chhotanagpur dismissed the revision filed by the petitioner on 8.8.1996 thereby confirming the order passed by the Additional Collector vide Annexure 2. The short facts which are necessary to be taken note of in the instant case are that lands situated on Plot Nos. 502, 504 and 505 in Khata No. 62 of Village Bongai (Ramgarh) measuring an area of 0.95 decimals; 0.43 decimals; 0.25 decimals and 0.63 decimals were recorded in the cadastral survey report in the name of Sheo Charan Bedia who died immediately after the survey, leaving behind him four sons, namely, Pusha Bedia, Bulku Bedia, Nanku Bedia and Shaym Lal Bedia.
(3.) SHAYM Lal Bedia also died leaving behind him his widow Chepia Bedia and three minor children.;