AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) MOTI Ram, F/O respondent Nos. 5 and 6 filed an application Under Sec. 71 -A of the Chhotanagpur Tenancy Act before Special Officer, Lohardaga, for restoration of land of khata No. 92, plot Nos. 946, area 1.78 acres, 973 area 0.60 acres, 1019 area, 1.38 acres and plot No. 1705 area, 1.70 acres respectively total area 5.46 acres situated in Village Juria, PS and District Lohardaga. The said lands were recorded in the name of Dhandeya Oraon in the last revisional, survey. According to the case of the respondent No. 7, Jhanga Lal, the aforesaid lands were surrendered by the recorded tenant Dhandeya Oraon to the Ex -Land Lord by a registered deed of Surrender dated 18.07.1935 and after surrender of the same, the Ex -Land Lord settled the said lands with Bhadru Sahu, F/O Jhanga Lal (respondent No. 7) on 01.08.1935 and since then he remained in possession thereof for 40 years. After vesting of Zamindari the khata of the aforesaid tad was opened in the name of Bhadru Sahu in Register (II) and the rent was fixed in his name by the State of Bihar. The Special Officer dismissed the application for restoration filed by Moti Oraon by his order dated 10.07.1978 (Annexure -2). Against the said order of the Special Officer, Moti Oraon filed an appeal before the Additional Collector, Lohardaga. The said appeal was also dismissed by order dated 04.05.1987 and the order of the Special Officer was confirmed. By that time the original applicant Moti Oraon died. His sons, i.e. the respondent Nos. 5 and 6 Madho Oraon and Ramjeet Oraon preferred a revision before the Commissioner, South Chhotanagpur Division, Ranchi against the order passed by the Special Officer as well as of the Additional Collector.
(3.) THE learned Commissioner by her order dated 09.04.2001, contained in Annexure -4, allowed the Revision Application after holding that the surrender deed appears to be a forged one and therefore, the settlement on the basis of the said forged surrender deed was illegal. Accordingly, the learned Commissioner set aside the order of the Special Officer as well as of the Additional Collector. The order of the learned Commissioner dated 09.04.2001 as contained in Annexure -4, is under challenge in this writ application.;