N.N.TIWARI, J. - (1.) IN this writ petition, the petitioners have prayed for quashing the order dated 11th June, 2007 passed by the learned Commissioner, North Chhotanagpur Division, Hazaribagh in Revenue Case No. 63 of 2004, whereby the learned Commissioner has dismissed the revision upholding the appellate order passed by the Additional Collector, Hazaribagh in Appeal No. MAN -44/2003 dated 14th July, 2004.
(2.) IT has been stated that the petitioners have claimed right, title and possession over the land appertaining to Khata No. 11, Plot No. 135, Area 1.98 Acres and Plot No. 161, Area 1.29 Acres; total area 3.27 Acres of village Basrai, P.S. Barhi, District Hazaribagh, on the basis of settlement made by the ex -landlord. It has been stated that the recorded tenant, Tipan Hazam. son of Karu Hazam, had surrendered the said land to the ex -landlord, Raja Surendra Nath Karandeo, in the year 1930. Thereafter, the ex -landlord settled the said land in 1939. On the basis thereof, the petitioners had prayed for mutation of their names in respect of the said land. The Land Reforms Deputy Collector, Hazaribagh recommended for mutation of their names and the same was approved by the Sub Divisional Officer, Barhi by his order dated 16th December, 2003. But on appeal, the said order was set aside by the learned Additional Collector, Hazaribagh on the ground that the land was recorded in the name of Tipan Hazam and there was no iota of evidence to show raiyati right of the recorded tenant. Since the land was recorded as raiyati and in absence of valid surrender, any settlement of the said land is not valid and legal. The Additional Collector thus set aside the order of the learned Sub Divisional Officer.
(3.) THE petitioners, thereafter, filed revision before the learned Commissioner, North Chhotanagpur Division, Ranchi. Learned Commissioner has also taken the similar view, upheld the order of the Additional Collector and dismissed the petitioners revision.;