Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioners inter alia pray for quashing the order dated 17.08.1981 passed by the learned Special Officer, Scheduled Area Regulation, Ranchi in S.A.R. Case No.365 of 1979-80, vide Annexure-5, whereunder the order has been passed for restoration of 2.05 acres of land bearing Revisional Survey Plot No.153 of Khata No.88 situated at village Lalpur to respondent no.5 and 6 under Section 71A of the Chotanagpur Tenancy Act and the order dated 23.06.1998 passed by the Deputy Commissioner, Ranchi in S.A.R. (Appeal) no.170 R15 of 1997-98, vide Annexure-7, pertaining to dismissal of the appeal by the respondent no.3 and the order dated 17.05.2003 passed by the Commissioner, South Chotanagpur Division, Ranchi in S. A. R. Revision No.80/1998, vide Annexure-8 to the writ application, pertaining to dismissal of the revision.
(2.) Shorn of unnecessary details, the facts as delineated in the writ application is that the original petitioner no.1 and 2 were the partners of the firm in the name and style as M/s Bharat Spun Pipe Company, having its office at 83, Hazaribagh Road, Ranchi. One Sukhlal Pahan was the recorded owner of the land of Khata No.88 of Plot no.153 to the extent of 2.05 Acres. The said land was settled in favour of Smt. Namita Rani Das in the year 1946 and after settlement of the said land she continued to possess the said land. Since there was some dispute with regard to aforesaid land between recorded Bhuinhardar, a title suit being T.S. No.408 of 1960 was filed in the Court of Munsif, Ranchi for declaration of title and for confirmation of possession. The said suit was decreed in terms of compromise vide judgment and decree dated 17.08.1960 and thereafter the said Namita Rani Das was in exclusive possession of the said land. Due to legal necessities said Namita Rani Das sold 0.685 acres of land out of R.S Plot no.153 to Indian Paviours (P) Ltd. by virtue of registered sale deed dated 01.10.1962. The said Indian Paviours (P) Ltd. after purchase constructed the building over the said land. Subsequently the said company sold the said land to one Subhash Kumar Modi-petitioner no.2 on 29.01.1970 for a valuable consideration and the petitioner no.2 continued to have peaceful possession from the date of purchase. Smt. Namita Rani Das again sold 0.685 acres of land to Bharat Spun Pipe Company-petitioner no.3 by virtue of registered sale deed dated 01.10.1962 and put the petitioner no.3 in possession of the same. It has been averred in the writ application that the petitioners by virtue of the purchase of the aforesaid land became the owner having absolute and indefeasible title. The respondent no.5 and 6 filed an application for restoration of the lands under the provisions of Section 71A of the C.N.T. Act against the petitioner no.1 before the Special Officer, Civil Areas Regulation, Ranchi bearing S.A.R Case No.1075 of 1974. The learned Special Officer vide order dated 20.09.1977 stayed the proceeding since the land was within the municipal limits and the case was re-opened which was numbered as S.A.R Case No.365/1979-80. The Special Officer, Civil Area Regulation passed an order on 17.08.1981 restoring the land to the respondent no.5 and 6. Being aggrieved by the said order, the petitioner no.1 preferred an appeal before the Additional Collector, Ranchi which was registered as S.A.R Appeal No.24/139-R15 of 1981-82 and the same was dismissed vide order dated 13.01.1985. Against the order of the appellate authority a revision was preferred before the Commissioner, South Chotanagpur Division, Ranchi which was numbered as Ranchi Revenue Revision No.107/1986 and the said revision was dismissed vide order dated 23.09.1986. Being aggrieved by the aforesaid order petitioners filed writ application before the Hon'ble High Court being CWJC No.2066 of 1987(R) and the Hon'ble Court vide order dated 25.07.1997 remanded the case to the Deputy Commissioner, Ranchi for fresh decision in accordance with law and in the light of the observations made in the remand order, as evident from Annexure-6 to the writ application. After remand of the case by the Hon'ble Court, Deputy Commissioner, Ranchi in S.A.R (Appeal) No.170 R15 of 1997-98 passed an order dated 23.06.1998 dismissing the appeal filed by the petitioner and thereafter the petitioner preferred revision before the Commissioner, South Chotanagpur Division, Ranchi which was registered as Ranchi S.A.R Revision No.80 of 1998 and the respondent no.2 vide order dated 17.05.2003 has dismissed the revision as per Annexure-8 to the writ petition. Being aggrieved by the impugned orders vide Annexures-5, 7 and 8 of the writ application, the present writ petition has been preferred by the petitioner under Article 226 of the Constitution of India.
(3.) Learned senior counsel on behalf of the petitioner has strenuously urged that the order passed by the respondent authorities are in derogation of provision of Section 48(4) of the C.N.T Act. Learned senior counsel further submits that the claim of the respondent nos.5 and 6 for restoration of the land under Section 71(A) of the C.N.T. Act was hopelessly barred by limitation. Learned senior counsel further submits that the impugned orders are in utter disregard of the judicial pronouncement. Learned senior counsel further submits that the predecessors in interest of the petitioners remained in peaceful tenancy and uninterrupted possession of the land in dispute for more than two decades prior to coming into force of Bihar Scheduled Area Regulation, 1969. Therefore, by efflux of time, the respondent no.5 and 6 have extinguished their rights and, therefore, the land in question ought not to have been restored to them. Learned senior counsel further submits that the respondent no.3 has decided the appeal without calling for the Lower Court Records, which is in violation of Section 215 (5) of the C.N.T. Act. Learned senior counsel further submits that despite remand Deputy Commissioner has not considered the Lower Court Record.;