- (1.) Heard learned counsel for the appellant, the State and the Private respondent.
(2.) The appeal arises out of the impugned judgment dated 14.09.2010 rendered in W.P.(C). No. 532 of 2009 whereby challenge to the orders dated 21.10.2008 passed in S.A.R. Revision No.114 of 2008 confirming the order dated 29.12.2006 passed in S.A.R. Appeal No.75(R) 15/2005-06 inter alia confirming the order dated 12.05.1997 passed in S.A.R. No.176 of 1995 directing the writ petitioner to restore the land in question in favour of the respondent No.5 Birsa Uraon (applicant in S.A.R. Case No.176 of 1995) was rejected.
(3.) We have considered the submission of learned counsel for the parties in detail and also perused the lower court records summoned during the proceedings and on having done so, we are satisfied that the case needs to be remanded to the S.A.R. court for the reasons recorded hereinafter: Private respondent Birsa Uraon initiated S.A.R. proceedings bearing no.176 of 1995-96 under section 71-A of the Chhotanagpur Tenancy Act before the court of Special Officer, Schedule Area Regulation (S.A.R.), Ranchi. As per the averments made in his application, the land in question bearing khata no.97, plot no.148, area 1.93 decimals and khata no.98, plot no.149, area 2.5 acres stood recorded in Revisional Survey record of rights in the name of Bandhu Oraon, Charan Uraon and Bhokhre Oraon, all sons of Kandu Oraon. It is pertinent to mention here that the aforesaid facts stand corroborated by the learned counsel for the State from the survey records produced by the Revenue Officials during proceedings of this appeal. The applicant further stated that one of the recorded tenant Bhokhre Oraon died leaving behind his son Etwa Oraon who died leaving behind the applicant Birsa Uraon i.e. the private respondent herein. He belongs to the scheduled tribe community. Applicant pleaded that the land was transferred fraudulently about ten years ago without any valid document in contravention of section 46 of the C.N.T. Act and opposite Parties had forcibly captured the land. At present the land is vacant.;