M.Y.EQBAL
Hemant Kumar – Appellant
Versus
State Of Bihar – Respondent
M.Y. Eqbal, J.
1. In these two writ applications since common question of law is involved, the same are disposed of by this common judgment.
2. The question that falls for consideration is whether in view of specific provision made under Sub-section (5) of Section 49 of the Chotanagpur Tenancy Act (in short CNT Act or the said Act) for annulment of transfer, the provision of Section 71-A of the said Act can be resorted to for restoration of land?
3. In CWJC No. 2321/91 (R) petitioners case is that he purchased land comprised within R.S. plot Nos. 1947, 1948 and 1949 under Khata No. 79 of village-Booti, district Ranchi from the sons of Bipta Pahan, the recorded tenant who inherited him after his death. Before purchase of the land permission was duly accorded by the Deputy Commissioner under Section 49 of the said Act by order dated 11.11.1959 in Misc. Case No. 34-R (2) of 1959-60. The transfer of the land was then made by virtue of a registered sale deed dated 2.12.1959 and the consideration amount fixed by the Deputy Commissioner was paid to the vendors. Petitioners further case is that after purchase he got his name mutated in the office of the State of Bihar vide Mutation Ca
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