DEOTU OHDAR Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) In this writ petition the orders as contained in annexures 5 and 7 passed by respondent Nos. 4 and 2 are under challenge. By reason of the aforementioned orders the aforementioned respondents, in purported exercise of their powers conferred upon them under Sec. 71A of the Chotanagpur Tenancy Act (shortly C.N.T. Act) directed that the lands in question be restored in favour of respondents 5 and 6. The facts of the case lie in a very narrow compass. Respondent no. 6 and one Laxman Munda (since deceased) filed an application for restoration of the lands in terms of Sec. 71A of the C.N.T. Act in respect of plot No. 90 Khata No. 31 measuring an area of 0.50 acres of land situate in village, Barkuli.

(2.) Pursuant to a notice given in the aforementioned proceeding, the petitioner appeared and filed his show cause wherein it was specifically admitted that the recorded tenants surrendered the land in favour of the petitioner in the year, 1954 whereafter he allegedly resumed the land and treated the same as his Bakast land, filed returns in form 'K' prescribed under the Bihar Land Reforms Rules and the rent was assessed in terms of the said Rules and his name was entered into the register kept in form 'M'.

(3.) By reason of the orders impugned in this writ application, it has been held that the purported surrender amounts to sale as while doing so the petitioner paid a sum of Rs. 500/ - to the recorded tenant as consideration for the aforementioned surrender. In the aforementioned orders the respondent Nos. 2 and 4 categorically held that the aforementioned arrangement was entered into with a view to defeat the provisions of Sec. 46 of the C.N.T. Act.