AJIT KUMAR SINHA, J. - (1.) The present writ petition has been preferred for issuance of a writ of certiorari to quash the impugned order dated 24.4.2001 vide which the land recorded in the last Cadastral Survey of 1908 and Revisional Survey of 1935 has been restored to the respondent Nos. 5 and 6.
(2.) THE facts in brief are stated as under: The grand father of the petitioner namely Medu Kalal purchased land of C.S. Khata No. 87, plot No. 224 with an area 7.65 acres of land from the erstwhile landlord namely late Lal Durga Pratap Nath Shah Deo on 15.3.1906 for a valuable consideration and in consequence thereto they came in possession of the entire area from the date of purchase. According to the petitioner the land was raiyati land settled with the grand father of the petitioner and the same was recorded in the name of grand father of the petitioner in Cadestral Survey of right of 1908. The land in question was Belagan in survey record of right and a rent of Rs. 4 Annas was fixed by the land lord payable to the Pahan and Mahto of the village by the settlee every year and the amount was utilized in dinner of Kolho Puja by the Mahto and Pahan every year. The Pahan and Mahto filed a regular rent suit also being Case No. 140 of 1923 -24 claiming yearly rent of the land which as allowed on 15.9.1923 and the grand father of the petitioner paid the yearly rent of Rs. 4 Annas 5 and this practice continued till the filing of the case in 1985 -86. The nature of tenancy was ancestral and heritable and this incidence cannot be changed as per record of rights. During the revisional survey of 1935 the land has been recorded in the name of the father of the petitioner. Pahan of the village claiming the land to be as Gairahi had challenged it through Tanaja case No. 29 dated 23.1.1933 which was decided in favour of the petitioner's ancestor on 22.2.1933 by the Assistant Settlement Officer. Ranchi.
(3.) ON 16.9.1985 the respondent Nos. 5 and 6 filed a petition under Section 71 -A C.N.T. Act in the Court of the Special Officer, S.A.R., Ranchi as S.A.R. Case No. 144/85 -86 for restoration of possession of the land in proceeding namely C.S. Plot No. 224 of Khata No. 87 area 7.65 on the ground that the petitioner has taken possession forcibly in the year 1975. On such petition being filed the learned Special Officer, Ranchi suo motu converted the proceeding under Section 48 -A of the C.N.T. Act and an ex parte order was passed by the learned Special Officer restoring the land to respondent Nos. 5 and 6 on 23.8.1986.;