VIRENDER SINGH,C.J. - (1.) Challenging maintainability of the application for restoration under Section 71A of the Chotanagpur Tenancy Act, 1908, the appellantwrit petitioner (hereinafter to be referred as "petitioner") approached the Writ Court in W.P.(C) No. 5494 of 2004 which stands dismissed vide impugned order dated 13.10.2004. Aggrieved thereof, the petitioner has filed the present Letters Patent Appeal.
(2.) Heard the learned counsel for the parties and perused the documents on record.
(3.) The learned counsel for the petitioner submits that the order of restoration of possession to respondent no. 5 was a serious mistake committed by the SAR Court inasmuch as, the restoration application under Section 71A of the Chotanagpur Tenancy Act was filed on the ground of default of payment of rent against the husband of the petitioner. However, the aforesaid error was ignored by the Appellate as well as the Revisional Authority and the learned Writ Court summarily dismissed the writ petition. Contending that the petitioner had constructed house over the land in question and developed an orchard about 40 years prior to initiation of SAR Case No. 199091, it is contended that ignoring the fact that the application under Section 71A was filed much beyond the period of limitation, order of restoration has been passed which warrants interference by this Court.;