- (1.) HEARD Mr. V. Shivnath, learned Senior Counsel appearing for the petitioner and Mr. V.K. Prasad, learned counsel for the private respondents.
(2.) THE petitioner prays for quashing the order dated 6.9.2000 passed by the Respondent No. 1 Commissioner, North Chhotanagpur Division, Hazaribagh, contained in Annexure -5 to this writ petition, by which the revision petition being Land Restoration Revision No. 140 of 1996 filed by one Parmeshwar Munda was allowed and the order passed by the Additional Collector, Hazaribagh on 27.11.1995 in Restoration Appeal No. 4 of 1995 was quashed and the order of the Executive Magistrate dated 19.11.1994 in L.R. Case No. 528 of 1986 for restoration of the land appertaining to Khata No. 192, Plot No. 198, Area 0.88 Acres and Plot No. 200 Area 1.88 Acres in favour of the private respondents was upheld. From perusal of the impugned order (Annexure -5) passed by the Commissioner, North Chhotanagpur Division, Hazaribagh, which has been challenged by the petitioner in this writ petition, it appears that the application for restoration was filed by the member of the Scheduled Tribe with respect to the lands of Khata No. 192, Plot No. 198, Area 0.88 Acres and Plot No. 200, Area 1.88 Acres measuring total Area of 2.76 Acres situated in the Village Bongawar in the District of Hazaribagh, which was recorded in the name of the ancestors of the tribal applicants. The said case was registered as L.R. Case No. 528 of 1986 which after hearing the parties, was allowed by the Executive Magistrate by order dated 19.11.1994, and direction for restoration of the disputed lands in favour of the tribal applicants was made.
(3.) AGAINST the said order of restoration passed by the Executive Magistrate, one Mahendra Singh, who was the opposite party in the said case, filed an appeal being Restoration Appeal No. 4/1995 before the Additional Collector, Hazaribagh and raised a point before the Appellate Court that the Executive Magistrate did not consider the point of res judicata. The dispute, in fact, was already decided by the L.R.D.C. in Case No. 4 of 1983 by order dated 30.12.1983. He also took the plea that the tribal was dispossessed more than 12 years ago and thus the application for restoration of the lands was barred by limitation.;