- (1.) THE present writ petition has been preferred for issuance of a writ of or in the nature of Certiorari for quashing of the order dated 22.9.1998 passed by the respondent No. 2 in Lohardaga Revenue Revision No. 350 of 1996 (Annexure -7) whereby he has illegally set aside the order dated 25.6.1996 (Annexure -6) in SAR. Appeal No. 8 R 15 of 1995 -96 passed by the respondent No. 3. The impugned order has rightly recorded the fact that the owner died issueless and both the parties are claiming the land in question on the basis of being the recorded tenant agnates and thus there was no transfer of the land in contravention of Section 46 of the Chhota Nagpur Tenancy Act or for that matter any other provision including 71A.
(2.) THE counsel for the petitioner submits that even forcible dispossession amounts to transfer. However, here the issue is as to whether such transfer was from tribal to non -tribal. The Revisional Court has also recorded the fact that the L.R.D.C., Lohardagga, after considering the decision given by the competent Civil Court rightly dismissed the SAR. Case Nos. 68/94 -95, 69/94 -95 70/94 -95 by a common order. The Additional Collector, Lohardagga, who allowed the appeal unfortunately, ignored the dismissal of title suit No. 16/85 passed by the Competent Court and that is how Revision was allowed, which is sought to be challenged in this writ petition.
(3.) CONSIDERING the aforesaid facts and circumstance of the case, I am not inclined to interfere in the matter. This writ petition is accordingly dismissed.;