AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) IN this application, the petitioner has prayed for quashing of the order dated the 20th of April, 1999 passed by the Commissioner, South Chhotanagpur Division, Ranchi in SAR Revision No. 128 of 1998, whereby the learned Commissioner, has allowed the revision application filed by the private respondents Ashok Munda and others, and set aside the orders passed by the Sub -Divisional Officer, Khunti and also the appellate order passed by the Additional Collector, Ranchi. The facts in short are that the petitioner filed an application under Section 242 of the Chhotanagpur Tenancy Act, for restoration of possession of the lands measuring 67 decimals, appertaining to a plot No. 114, 162 and 168 of Khata No. 159 situated in Village Bandu, P.S. Arki, District, Ranchi, before the Sub -Divisional Officer, Khunti. The Sub -Divisional Officer, Khunti allowed the application filed by the petitioner holding that Mundari Khutkatti, lands cannot be transferred to any person in view of Section 240 of the Chhotanagpur Tenancy Act and the respondents are illegally occupying the same in violation of Section 240 of the CNT Act, and directed for restoration of possession of lands in question in favour of the petitioner. Being aggrieved by the said order of the SDO dated 28.11.1996, the respondent Nos. 4 to 7, filed appeals before the Additional Collector. The said appeals were also dismissed by the Additional Collector by order as contained in Annexure -2 and 2/1 after affirming the findings of the SDO.
(3.) THEREAFTER , the respondent Nos. 4 to 7 filed a Revision before the Commissioner against the said orders passed by the Sub -Divisional Officer as well as the Additional Collector. The learned Commissioner by impugned order dated 20.4.1999 as contained in Annexure -3, allowed the revision application and set aside the orders passed by the respondent Nos. 2 and 3, which has been challenged by the petitioner in the present application.;