- (1.) IN this writ petition, the petitioners have prayed for issuance of an appropriate writ, order or direction to quash the order dated 2.7.2002. passed by Smt. Sheela Kisku Rapaj, the Commissioner, South Chhotanagpur Division, Ranchi in S.A.R. Revision No. 356 of 1995.
(2.) LEARNED counsel for the petitioners has confined his prayer and argument to the sole issue as to whether the land, in question, is Mundari Khunt -Katti land or not for the purposes of imposing restriction on transfer, as provided under Section 240 followed by order of ejectment under Section 242 of the Chota Nagpur Tenancy Act, 1908 (hereinafter to be referred as "the C.N. T. Act"). In the instant case, the concurrent finding of fact by all the three authorities is against the petitioners, which is sought to be assailed in the present writ petition. The only contention raised by the petitioners is that the land under Khata No. 13, in dispute, is a raiyati land and belongs 10 their ancestor. It is further submitted that the land, in question, is not a Mundari Khunt -Katti land and, thus, there is no violation of Section 240 or 46 or any of the provisions of the C.N.T. Act and, thus, the concurrent finding of fact and the order of restoration was bad and illegal. Learned counsel for the petitioners has also referred to Annexure -1 to this writ petition to show that the aforesaid Khata No. 13 is recorded in Revisional Survey of rights in the names of Arjun Puran and Bhim Puran sons of Balram Puran and others as their recorded land and, thus even under Section 256 of the C.N.T. Act they were in rightful possession since it was mentioned in the raiyati record of right.
(3.) THE private -respondents have contended that the Mundari Khunt -Katti land, in question, belongs to their ancestors, as their ancestors were the Khewatdars of Khewat NosA/1 and 4/5. It has further been submitted that after the death of their ancestors the present private respondents have inherited the entire land of Khewat Nos. 4/2 and 4/3. Accordingly, the respondent Sukhlal Munda is the Khunt -Kattidar of Village - Parandih, P.S. -Tamar, District -Ranchi. It has further been submitted that R. S. Khewat No.5 was prepared in the name of Karilal Sahu, who was bhugut bandhadar of the land. The said land was given to Karilal Sahu as bhugut bandhadar for a period of seven years commencing from Samvat 1984 to 1990. Therefore, after the expiry of the period of bhugut bandha, the Mundari Khunt -Kattidars are entitled to retain the possession. Khata No.13 which corresponds to Khewat No.5, was prepared from Khewat No. 4/5. The said Khata No.13, which is in illegal possession of the petitioners, was recorded under bhugut bandhadar Kanilal Sahu. Therefore, the respondents filed an application under Section 242 of the C.N.T. Act, claiming restoration of the above land, which was allowed by the Sub -Divisional Officer, Khunti on 27.6.1988, passed in R.M.Case No. 26 of 1987 -88.;