Permod Kohli, J. - (1.) Respondent No.5 filed an application under Section 71-A of the Chhotanagpur Tenancy Act (hereinafter to be referred as the 'Act') before Special Officer, Ranchi claiming restoration of an area of land, measuring 33 decimals comprising within R.S. Plot No.192 under Khata No.87 of village Malti, P. S. Mandar, District Ranchi against Sheikh Bhikhu, the deceased father of petitioner No.1. This claim was made on the ground that land was taken possession of by fraudulent means after administering wine to Respondent No. 5. Opposite Party i.e. father of the petitioner, herein, after putting his appearance before Special Officer claimed the Nand on the basis of mutual exchange in the year 1940 in lieu of his land, being R.S. Plot No.626 under Khata No.6 and R.S. Plot No. 1367 under Khata No.64 of village Malti, measuring total area 30.5 decimals. It was also contended that a Pucca construction with boundary wall was raised in the year 1940 it self at the cost of Rs. 25,000/- on the land claimed by Respondent No.5. After holding an enquiry and recording evidence of the Civil Engineer, Respondent No.4 vide order dated 29th March, 1986 validated the transfer under proviso 2nd of Section 71-A of the Act and directed the Opposite Party i.e. petitioner's father to give land of equal value to Respondent No.5 by executing registered deed in his favour. While passing this order, it was held that substantial structure was constructed prior to year 1969.
(2.) Respondent No.5 preferred an appeal before Additional Collector, Ranchi, registered as S.A.R. Appeal No.33 R 15/1987-89. In the meanwhile, father of petitioner No.1 died. Petitioner No.l was substituted as legal representative. The appellate authority vide his order dated 21st November, 1986 allowed the appeal and remanded the case to the Special Officer with a direction to determine the factum of construction of substantial structure by making a local visit on spot and record his finding.
(3.) Special Officer, after the remand of the case, fixed various dates, as is evident from the record but without conducting local inspection, as directed by the appellate authority, passed the final order on 28th November, 1990 for restoration of land.;