S. B. Sinha, J.- This petition is directed against an order dated 3.12.1986 passed by the Special Officer, Ranchi (respondent no. 1) as contained in Annexure-6 to the writ application whereby and where under the said respondent held that the petition for restoration filed on behalf of the respondent nos. 3 and 4 purported to be under section 71 (A) of the Chhotanagpur Tenancy Act. 1908 was maintainable.

2. In view of the order proposed to be passed by me it is not necessary to state the facts of the case in details.

3. Suffice it to-say that respondent nos. 3 and 4 filed an application for restoration of the land bearing plot no. 1085, Holding No. 862. situate on Purulia Road, of erstwhile Ranchi Municipality, now Ranchi Municipal Corporation. In the said proceeding before the respondent no. 1, the petitioner raised a preliminary objection with regard to the maintainability of the said application, on various grounds namely:-

(a) Respondent Nos. 3 and 4 being Christians by religion they cannot be members of the Scheduled Tribes.

(b) The lands in question being not agricultural land and situated within the Municipal Area, the provision of the Chhotanagpur Tenancy Act have no ap