RAJESH SHANKAR,J. - (1.) W.P.C. No. 507 of 2006 has been filed for quashing the part of the order dated 07.03.2005/16.05.2005 passed by the Commissioner, South Chotanagpur Division, Ranchi in S.A.R Revision No. 28 of 2004 (Annexure-4 to W.P.C. No. 507 of 2006), order dated 11.06.2004 passed by the Additional Collector, Ranchi in S.A.R Appeal No. 9(R)15/2003-04 (Annexure-3 to W.P.C. No. 507 of 2006) and also the order dated 15.03.2003 passed by the Land Reform Deputy Collector-cum-Special Officer, Ranchi in S.A.R. No. 294 of 1981 (Annexure-2 to W.P.C No. 507 of 2006) whereby, the Courts below have rejected the application, appeal and revision respectively under Section 71-A of the Chota Nagpur Tenancy Act (in short the C.N.T. Act) for restoration of the land in question. The private respondents have also filed W.P.(C) No. 5458 of 2005 challenging the same orders.
(2.) Since both the writ petitions arise out of the same order(s), these are being disposed of by this common judgment. W.P.(C) No. 507 of 2006 has been taken as a leading case for disposal of both the writ petitions.
(3.) The factual background of the case is that the father of the private respondents filed land restoration case vide S.A.R Case No. 294 of 1981 under Section 71-A of the C.N.T. Act for restoration of the land under Khata No. 16, Plot Nos. 657 and 658, situated at Village-Kathargonda, P.S-Gonda, District-Ranchi (hereinafter referred to 'as the said land') which was allowed on 10.06.1983. The petitioner filed appeal being S.A.R. Appeal No. 89 of 1983-84 before the Additional Collector, Ranchi who vide order dated 22.05.1986, remanded the matter to the original Court mainly on the ground that there was substantial structure on the land. The petitioner filed S.A.R Revision No. 380 of 1986 before the Divisional Commissioner, South Chotanagpur, which was also dismissed on 08.12.1986. Thereafter, the petitioner preferred a writ petition before Ranchi Bench of the Patna High Court being C.W.J.C. No. 273 of 1987(R) which was remanded to the Court below vide order dated 27.11.1996 for fresh hearing of the matter after taking into consideration the third proviso to Section 71-A of the C.N.T. Act. The petitioner filed L.P.A, but the same was withdrawn on 20.08.1997. Thereafter, Civil Review No. 64 of 1997 was filed, wherein vide order dated 14.12.1999, the word "third proviso" mentioned in the order dated 27.11.1996 was modified as "second proviso" to Section 71-A of the C.N.T. Act. In compliance of the order dated 27.11.1996, the S.A.R. Officer vide order dated 15.03.2003, directed the petitioner to pay compensation to the respondent @ Rs. 18,000/- per Katha of the aforesaid land. The petitioner again preferred appeal before the Court of the Additional Collector, Ranchi being S.A.R. Appeal No. 9 R 15 of 2003-2004 and the private respondents also preferred appeal being S.A.R Appeal No. 22 R 15 of 2003-04. Both the appeals were dismissed on 11.06.2004. The petitioner and the private respondents thereafter filed revision applications being S.A.R Revision No. 28 of 2004 and S.A.R Revision No. 31 of 2004 respectively before the Commissioner, South Chotanagpur Division, Ranchi. Both the revisions applications were heard together and dismissed on 16.05.2005. Thereafter, the petitioner deposited the amount of compensation before the learned Court below and is now praying for refund of the amount of compensation so deposited.;