R.K. Merathia, J.

1. Heard the parties.

2. The Interpretation of Section 46(1)(c) of the Chotanagpur Tenancy Act (hereinafter referred to as the Act), is the main issue in this case.

3. The petitioner has prayed for quashing the order dated 18.10.1996, passed by the Commissioner, North Chotanagpur Division, Hazaribagh in Misc. Appeal No.93 of 1993 (Annexure 11). The Commissioner set aside the order dated 18.3.1991, passed by the Deputy Commissioner, granting permission under Section 46(1)(c) of the CNT Act, while allowing the appeal.

4. Petitioners case is as follows :

The petitioner No. 2 by three registered sale deeds dated 9.2.1967 and the fourth dated 14.12.1966 purchased lands from the recorded raiyats or their heirs in plot No. 999, under Khata No. 44 and plot No. 1012, under Khata No. 27 and plot No. 1014, under Khata No. 16 of village Sewta. The said vendors were members of the Scheduled Castes and not Scheduled Tribes. The petitioner No. 2 is a member of Scheduled Tribe. For abundant precaution, petitioner No. 2 made an application before the Deputy Commissioner, Hazaribagh under Section 46(1)(c) for a permission to sell about 3.13 acres of land in favour of petitioner