Tapen Sen, J.

1. Heard Mr. Debt Prasad, learned counsel for the Petitioner assisted by Mr. L.K. Lal and Mr. Pradeep Modi learned Government Pleader-1 for the State No. body appears on behalf of Respondent No. 3.

2. The writ petition has been filed for quashing the order dated 29.11.1994 passed in SAR Case No. 116/83-84 by the Special Officer, Schedule Area Regulation, whereby and whereunder 4 decimals of land of Khata No. 13, Plot No. 1151 and 10 decimals of land on the same Khata, i.e., Khata No. 13 of Plot No. 1152 has been ordered to be restored in favour of the Respondent No. 3. The Petitioner, however, is concerned with 0.10 decimal of land falling on Plot No. 1152 only. The Petitioner is also aggrieved with the consequential order dated 30.09.1995 by reason whereof the Special Officer, Scheduled Area Regulation has passed an order relating to delivery of possession.

3. A preliminary objection with regard to the maintainability of the writ petition raised on behalf of the Respondents is rejected and it is held that notwithstanding the availability of alternative forums, i.e., appeal, revision and petition before the Member, Board of Revenue, this writ petition is nonetheless maintainable inasmuch as, apart from the fact that this is a writ of certiorari, it seeks to challenge the orders passed under Section 71-A of the Chhotanagpur Tenancy Act, which admittedly in the facts and circumstances of the case was not maintainable. The orders were wholly without jurisdiction and therefore, the bar of alternative remedy shall not apply. Therefore, this Court proceeds to entertain the application under Article 226 of the Constitution of India, notwithstanding the availability of alternative remedies as stated hereinabove.

4. The facts of this case which are necessary to be looked into are as follows :

5. Lands measuring 0.63 acres out of Plot No. 1152 at Khata No. 13 situated in Village-Hatma, P.S.-Lalpur, District-Ranchi, were previously recorded in the names of Chhotka Boka Oraon, the father of the vendor of the Petitioner and others in the revisional survey record of rights. On the basis of amicable settlement/partition, the lands on plot No. 1152 was allotted to the share of Chhotka Boka Oraon, who came in exclusive possession of the same and his separate possession was recorded in the record of rights.

6. Pursuant to the death of Chhotka Boka Oraon, the land was inherited by Nanka Oraon being only legal heir of Chhotka Boka Oraon and he came in exclusive possession of the land in question. This Nanka Oraon, applied for permission to sell the lands in question in favour of this Petitioner under the provisions of Section 49 of the Chhotanagpur Tenancy Act, before the deputy Commissioner, Ranchi and this was registered as Misc. Case No. 116-R-8-II of 1960/61.

7. It appears that by an order dated 5.5.1961 the Deputy Commissioner Ranchi passed an order as contained at Annexure 1/A and it reads as follows :

8. "In exercise of the powers conferred on me under Section 49 of the Chhotanagpur Tenancy Act, (Amended Act XXV of 1947). I hereby sanction the transfer of the following plots by the applicant to Dr. Krishna Deo Narain Agrawal S/o Shri Kharag Narain Agrawal of Barki Sarai, Dis-trict-Munger by way of sale for a sum of Rs. 7,500/- only."

9. The aforementioned sanction relates to Hatma P.S. Ranchi Thana No. 200, District-Ranchi, Khewat No. 2, Plot No. 1152, Area-0.36 acres.

10. After the aforementioned permission was accorded by the Deputy Commissioner in favour of Nanka Oraon, the entire 0.36 acres of land were purchased by the Petitioner by a registered deed of sale dated 20.05.1961. A photocopy thereof has been marked as Annexure 2 to the writ application. As expected, immediately upon execution of the aforementioned sale deed, the land was mutated and the Petitioner started regularly making payment of rent and came in actual physical possession thereof.

11. All of a sudden in the year 1976, it appears that Nanka Oraon filed an ap