- (1.) The petitioner, by way of filing the present writ petition under Article 226 of the Constitution of India, has prayed for quashing and setting aside the order dated 22.4.1986 (Annexure-3 to this petition) passed by respondent No. 4 in S.A.R. Case No. 201 of 1979-80 by which, the land measuring an area of 1.07 acres out of Plot No. 71 of Khata No. 29 situated at Village-Hesway, P.S.-Senha, District-Lohardaga has been ordered to be restored in favour of the mother of the respondent No. 5 under the provisions contained in Section 71A of the Chotanagpur Tenancy Act. It is further prayed for quashing the order dated 27.9.96 passed by the Commissioner, South Chotanagpur Division, Ranchi in Lohardaga Revenue Revision No. 116 of 1989 allowing the revision filed by respondent No. 5 and setting aside the order of the Addl. Collector, Lohardaga passed in SAR Appeal No. 68-R-15/81-82 and confirming the order of the S.D.O., Lohardaga. Heard the learned counsel for the petitioner as well as the learned counsel for the respondents and perused the order impugned as well as materials placed on record.
(2.) The facts giving rise to the present petition are as under; That the land of Plot No. 71 of Khata No. 29 situated at Village-Hesway, P.S.-Senha, District-Lohardaga was recorded in the name of Mahabir Kherwar son of Labnu Kherwar in the Revisional Survey Record of Rights. It is the case of the petitioner that the recorded tenant namely Mahabir Kherwar being in urgent need of money surrendered the lands measuring an area of 1.67 decimals out of Plot No. 71 of Khata No. 29 situated at Village-Hesway, P.S.-Senna, District-Lohardaga to the Ex-landlord on 18.5.1942 by virtue of a registered deed of surrender for a consideration of Rs. 80/- and the surrender was made prior to 1947 and therefore, there was no need for taking previous sanction of the Deputy Commissioner and as such surrender of the land to the Ex-landlord was just and proper. It is further case of the petitioner that the aforementioned land was settled in the year 1943 in the name of mother of the petitioner's namely Jugalmani Devi and so long the petitioner's mother was alive she remained in possession of the lands. The petitioner's mother went on making payment of rent to the Ex-landlord and after vesting of Jamindari return was filed in the name of the mother of the petitioner and she paid rent regularly to the State of Bihar and the petitioner's mother was recognized as a raiyat by the State of Bihar. After the death of petitioner's mother the petitioner inherited the aforesaid lands and came into possession of the same. Thereafter, Masomat Deo Kuwar Kherwarin mother of the respondent No. 5 filed SAR Case No. 201/1979-80 in the court of the SDO, Lohardaga against the petitioner claiming restoration of the lands measuring an area of 1.07 acres out of Plot No. 71 of Khata No. 29 situated at Village-Hesway, P.S.-Senha, District-Lohardaga. Thereafter, the petitioner appeared and filed show cause stating inter alia that the land was surrendered by the Khatiyani raiyat on 18.5.1942 by virtue of a registered deed of surrender and thereafter settlement was made in favour of the petitioner's mother in the year 1943 and she went on paying rent to the Ex-landlord and after vesting of estate return was filed in the name of the mother of the petitioner and she went on making payment of rent regularly to the State of Bihar. According to petitioner, he produced registered deed of surrender, rent receipts and other relevant documents. It is pertinent to note that during the pendency of the SAR Case the mother of the respondent No. 5 Deo Kuwar Kherwarin died and her legal heir was not substituted and brought on the record. Thereafter, the matter was heard and the learned SDO by terms of the order dated 22.4.1986 passed the order for restoration of the land in favour of the mother of the respondent No. 5, who was not alive at the time of passing of the order.
(3.) Being aggrieved and dissatisfied with the said order, the petitioner preferred SAR Appeal being SAR Appeal No. 68-R-15/1981-82 before the Additional Collector, Lohardaga impleading the respondent No. 5 the only legal heir of Masomat Deo Kuwar and the said appeal was allowed by terms of the order dated 27.6.1987 and the order dated 22.4.1986 passed by the SDO, Lohardaga for restoration of the land was set aside. Thereafter, respondent No. 5, being aggrieved by the said order, filed Lohardaga Revision No. 116/89 before the Commissioner, South Chotanagpur Division, Ranchi which was allowed by terms of the order dated 27.9.1996 and the order passed by the Additional Collector was set aside and the order passed by the SDO for restoration of the land was confirmed.;