- (1.) THE present writ petition has been preferred for issuance of an appropriate writ/order/direction in the nature of certiorari for quashing the order dated 10.10.2007 passed by the Commissioner North Chotanagpur Division, Hazaribagh in Land Restoration Appeal No. 132/2006 (as contained in Annexure -9) and order dated 27.7.2006 passed by the learned Additional Collector, Dhanbad i.e. Respondent NO.3 in Land Restoration Case No. 1/0607 (as contained Annexure -8).
(2.) THE facts, in brief, are set out as under: - On 30.12.1984 permission was granted by Dy. Commissioner vide memo no. 105 of 1984 to the vendors to transfer the said land to the petitioners firm. Thereafter, a registered sale deed was executed in favour of the petitioner on 21.1.1985 followed by mutation in favour of the petitioner on 15.1.1990 and the petitioner is paying rent regularly and the rent receipts are being issued in .the name of the petitioner. Respondent Nos. 4 to 6 filed an application on 3/4.5.2006 before the Additional Collector, Dhanbad for restoration of land on the ground that the petitioner has not complied with the terms and conditions. The Additional Collector, Dhanbad vide its order dated 27.7.2006 directed to restore the land in favour of the respondent nos. 4 to 6 on the ground that it was lying vacant. The petitioner preferred an appeal before the Revisional Authority i.e. the Commissioner, North Chotanagpur Division, Hazaribagh who was also pleased to dismiss the appeal.
(3.) THE main contention raised by Sri Anil Kumar Sinha, learned Senior Counsel for the petitioner is as to whether the authority who passed the order was competent or they lacked jurisdiction to pass the order for restoration of land. The second contention raised is as to whether there is a clear cut violation of Section 49(5) of the Chotanagpur Tenancy Act and it is mandatory that the State Govt. can restore it if the application has been moved within a period of 12 years. The learned Senior Counsel further submits that there is no allegation of misrepresentation or fraud on which the land can be restored.;