AMARESHWAR SAHAY, J. - (1.) IN this application, the petitioner has challenged the order dated 9.11.1993 passed by the Additional Collector, Lohardaga, in SAR Case No. 5 of 1993 -94 as contained in Annexure -4 to the writ application, whereby the Additional Collector, Lohardaga, ordered to restore 0.82 acres out of plot No. 395 of Khata No. 62 situated at Village -Kasidih, PS -Kisko, District -Lohardaga in favour of the Respondent No. 4, in a proceeding under Sec. 71 -A of the Chotanagpur Tenancy Act. The petitioner has also challenged the order dated 2.9.1996 passed by the Commissioner, South Chotanagpur Division, Ranchi, in Lohardaga Revenue Appeal No. 463 of 1993 as contained in Annexure -5 to the writ application, whereby the learned Commissioner, South Chotanagpur Division, Ranchi dismissed the appeal filed by the petitioner against the order of the Additional Collector dated 9.11.1993.
(2.) THE case of the petitioner is that Birsu Oraon son of Gora Oraon was the recorded Raiyat with respect to the aforesaid Khata No. 62. He, by a registered deed of surrender, dated 4.5.1935, surrendered the land in question to the ex -landlord, since he was not in possession to cultivate the land and thereafter it is said that the husband of the petitioner acquired the aforesaid land in question by settlement from the landlord and his name was also mutated and he was paying the rent also. The Respondent No. 4, filed an application under Sec. 71 -A of the Chotanagpur Tenancy Act before the Land Reforms Deputy Collector, Lohardaga, for restoration of the aforesaid land i.e. 0.82 acres of plot No. 395 within Khata No. 62 which was registered as SAR Case No. 2 of 1992 - 93. The said proceeding under Sec. 71 -A of the Chotanagpur Tenancy Act was contested by the petitioner and then the learned LRDC by order dated 12.2.1993 as contained in Annexure -3 to the writ application, dismissed the application for restoration of the land, holding that the applicant failed to establish that any fraud was committed in transfer of the land in question and further that the deed of surrender was also not challenged by the applicant.
(3.) THE order of the LRDC, Lohardaga dated 12.2.1993 became final as no appeal was filed against the said order.;