AMARESHWAR SAHAY, J. - (1.) THE petitioner M/s Bharat Coking Coal Limited, a Government Company and a subsidiary of Coal India Limited has filed this writ application for quashing of the order dated 19/12/1990 (Annexure -1), i.e. the order passed by Respondent No. 4 the Assistant Settlement Officer, Dhanbad, rejecting the objection under Section 83 of the Chhotanagpur Tenancy Act filed by the petitioner, the order dated 19/03/1994 (Annexure -2) passed by Respondent No. 3 the Charge Officer, Dhanbad, dismissing the revision filed by the petitioner under Section 89(1) of the Chhotanagpur Tenancy Act and also the order dated 27/03/1999 as contained in Annexure -4, passed by the Commissioner, North Chhotanagpur Division, Hazaribagh, Respondent No. 2 herein, disposing of the appeal filed by the petitioner, under Section 89(2) of the Chhotanagpur Tenancy Act read with Rule 74 of the Chhotanagpur Tenancy Rules.
(2.) THE dispute between the parties is with regard to 2.06 acres of land of C.S. Plot No. 122, Khata No. 14 out of the total area measuring 645.03 acres of land situated in Village Bherakatta of Bastacola Coal Company Limited, Dhanbad. According to the petitioner, in the recent Revisional Survey Operations, R.S. Plot No. 9 was carved out from C.S. Plot No. 122, which recorded in the Khata of M/s Bharat Coking Coal Limited. The said R.S. Plot No. 9 was ordered to be recorded in the name of Respondent Nos. 5 to 8 herein. The petitioner filed an objection under Section 83 of the Chhotanagpur Tenancy Act before the Assistant Settlement Officer, Dhanbad, stating therein that C.S. Plot No. 122 appertaining the C.S. Khata No. 14 of Mauza Bherakatta suit recorded in the name of New Birbhum Coal Company Limited in the last C.S. record of rights. The recorded owner M/s New Birbhum Coal Company granted 'Mokarrari Mourashi Patta' to Babulal Madhavjee by a registered deed dated 27/09/1946 in respect of underground and surface rights over the lands of Mauza Bastacola and Mauza Bherakatta. The said Babulal Madhavjee was the owner of Bastacola Colliery which vested in the Central Government after coming into force of Coal Mines (Nationalisation) Act, 1973 and consequently, in M/s Bharat Coking Coal Limited free from all encumbrances. In the recent Revisional Survey, R.S. Plot No. 9 was carved out from C.S. Plot No. 122, which was recorded in the Khata of M/s Bharat Coking Coal Limited and the same was wrongly ordered to be recorded in the name of Respondent Nos. 5 to 8.
(3.) THE said objection of the petitioner was rejected by order dated 19/12/1990 by the Assistant Settlement Officer, Respondent No. 4, which has been appended as Annexure -1 to this writ application. Against the said order as contained in Annexure -1, the petitioner moved before the Respondent No. 3, i.e. the Charge Officer by filing a revision, which was dismissed by order dated 16/03/1994 vide annexure -2 to the writ application. The petitioner thereafter, preferred an appeal before the Respondent No. 2, the Commissioner, North Chhotanagpur Division, Hazaribagh under the provisions of Section 89(2) of the Chhotanagpur Tenancy Act read with Rule 74 of the Chhotanagpur Tenancy Rules which was registered as C.N.T. Appeal No. 26/94. The learned Commissioner vides impugned order as contained in Annexure -4 disposed of the appeal holding that the lands were settled by the SDO, Dhanbad in the year 1964 in favour of the private respondents and, therefore, the petitioner should approach the Civil Court for cancellation of the said settlement and if the petitioner succeeds it can approach before the authorities for correction of entries in the Survey records.;