D.G.R. Patnaik, J. - (1.) Prayer in this writ application is for quashing the order dated 28.8.2008 passed by the Special Officer, SAR, Ranchi under section 71A of the Chhotanagpur Tenancy Act, in S.A.R. Case No. 607 of 2005-06, restoring the lands comprised within R.S. Plot No. 1227 of Khata No. 72 along with the buildings standing thereon, in favour of the respondent no. 5 and, also for quashing the notice issued by the Circle Officer, Town Anchal, Ranchi for effecting delivery of possession of the land and buildings which is subject matter of the dispute in the instant case.
(2.) Shri Sudarshan Shrivastava, learned counsel for the petitioners, submits that the writ application was filed at the time when the court before whom the petitioners had filed their appeal against the impugned order, was not functioning. However, subsequently, the Appellate Court has now been functioning, and on considering the urgency raised on account of the notice of dispossession issued by the Circle Officer, the petitioners had prayed for stay of the operation of the notice. Though, the Appellate Authority had passed an order of stay on 15.9.2008 on the petitioner's application, but that was not qualified to extend, till the disposal of the appeal Learned counsel submits that since the Appellate Authority has now resumed office and is functioning, the petitioner prays for an order directing the Appellate Authority to dispose of the appeal within a reasonable time and till the final disposal of the appeal, stay the operation of the impugned order including the order of dispossession as passed by the Circle Officer.
(3.) Counsel for the respondent State submits that the Appellate Court has already applied its mind to the petitioner's prayer for stay.;