AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE petitioners have challenged the order as contained in Annexure -6 dated 24.5.1980 in SAR Case No. 13 of 1979 passed by the Special Officer, Scheduled Area Regulation, Ranchi, directing the restoration of land pertaining the R.S. Plot No. 378 under Khata No. 5, area 0.99 acres, situated at Village Bhandra, P.S. Bero, District Ranchi, in favour of respondent Nos. 5 and 6, the order as contained in Annexure -7 dated 27.5.1986 passed by the Addl. Collector, Ranchi, in SAR Appeal No. 266 of 1980 -1981, dismissing the appeal, filed by these petitioners and the order contained in Annexure -8 dated 14.7.1986 in Ranchi Revenue Revision No. 316 of 1986, passed by the Commissioner, dismissing the revision application, filed by these petitioners. The case of the petitioners is that the land bearing R.S. Plot No. 378 under Khata No. 5 measuring 0.99 acres situated at Village Bhandra, P.S. Bero, District Ranch! stands recorded in R. S. record of, right in the name of Arjun Gorait, who voluntarily surrendered his land by registered deed of surrender on 31.7.1936 to the land lady namely, Smt. Sundri Kuar. After the surrender of the said land it was settled in favour of the forefather of the petitioners, namely, Budhu Mahto by executing deed of settlement.
(3.) IT is said that the settle Budhu Mahto came in possession thereof and constructed a residential house over the said land. After the death of Budhu Mahto his son Bhubneshwar Mahto succeeded him so long he was alive and remained in possession of the land in question and after the death of Bhubneshwar Mahto the writ petitioners succeeded their father and are in peaceful possession of the land in question. It is said that they have dug two pucca wells on the land and are growing paddy. Rents in respect of the land in question was being paid to the land lady prior to vesting and after vesting rents are being realized by the State of Bihar from the petitioners. The petitioners claimed Chapparbandi right over the land in question, as Chapparbandi rent in respect of the standing structure was being realized by the State.;