M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) IN this writ application the petitioner has prayed for quashing the order dated 30th September, 1997 passed by the Special Officer Schedule Areas Regulation, Ranchi (respondent No. 3) directing restoration of 0.33 Acres of land appertaining to Survey Plot No. 1749, Khat No. 329 situated at village Misirgonda, P.S. Gonda, District Ranchi in purported exercise of power under Sec. 71 of the Chhotanagpur Tenancy Act. It appears that a proceeding under Sec. 71 -A of Chhotanagpur Tenancy Act was initiated on the basis of report of the Circle Officer. Subsequently, the respondent in whose favour land was to be restored became party in the said case being S.A.R. case No. 10 of 1992.
(3.) LEARNED Counsel for the petitioner submitted that notice of the restoration proceeding was never served upon him and the Court below proceeded exparte without proper service of notice upon the petitioner. Learned Counsel further submitted that restoration proceeding was initiated against one Gir Deo Pandey, s/o Ram Kumar Pandey, whereas petitioner 'sname is Girish Deo Pandey, s/o Late Ram Pukar Pandey.;