Amareshwar Sahay, J.

1. In this application, the petitioner has challenged the order dated 9.11.1993 passed by the Additional Collector, Lohardaga, in SAR Case No. 5 of 1993-94 as contained in Annexure-4 to the writ application, whereby the Additional Collector, Lohardaga, ordered to restore 0.82 acres out of plot No. 395 of Khata No. 62 situated at Village-Kasidih, PS-Kisko, District-Lohardaga in favour of the Respondent No. 4, in a proceeding under Section 71-A of the Chotanagpur Tenancy Act. The petitioner has also challenged the order dated 2.9.1996 passed by the Commissioner, South Chotanagpur Division, Ranchi, in Lohardaga Revenue Appeal No. 463 of 1993 as contained in Annexure-5 to the writ application, whereby the learned Commissioner, South Chotanagpur Division, Ranchi dismissed the appeal filed by the petitioner against the order of the Additional Collector dated 9.11.1993.

2. The case of the petitioner is that Birsu Oraon son of Gora Oraon was the recorded Raiyat with respect to the aforesaid Khata No. 62. He, by a registered deed of surrender, dated 4.5.1935, surrendered the land in question to the ex- landlord, since he was not in possession to cultivate the land and thereafter it is said that the husband of the petitioner acquired the aforesaid land in question by settlement from the landlord and his name was also mutated and he was paying the rent also.

3. The Respondent No. 4, filed an application under Section 71-A of the Chotanagpur Tenancy Act before the Land Reforms Deputy Collector, Lohardaga, for restoration of the aforesaid land i.e. 0.82 acres of plot No. 395 within Khata No. 62 which was registered as SAR Case No. 2 of 1992-93. The said proceeding under Section 71-A of the Chotanagpur Tenancy Act was contested by the petitioner and then the learned LRDC by order dated 12.2.1993 as contained in Annexure-3 to the writ application, dismissed the application for restoration of the land, holding that the applicant failed to establish that any fraud was committed in transfer of the land in question and further that the deed of surrender was also not challenged by the applicant.

4. The order of the LRDC, Lohardaga dated 12.2.1993 became final as no appeal was filed against the said order.

5. It appears that a second proceeding under Section 71-A of the Chotanagpur Tenancy Act with respect to the same very land, was initiated at the instance of the Respondent No. 4, before the Deputy Commissioner, Lohardaga which was registered as SAR Case No. 5 of 1993-94. The Deputy Commissioner, Lohardaga transferred the said proceeding to the Additional Collector for disposal. The Additional Collector by order dated 9.11.1993 as contained in Annexure-4 to the writ application allowed the application of the Respondent No. 4 for restoration of the aforesaid land and directed the Respondent No. 4 to deposit Rs. 100/-by way of compensation after holding that since no prior permission of the Deputy Commissioner, Lohardaga was taken prior to surrender of the land and, therefore, the registered deed of transfer dated 4.5.1935 executed by Birsu Oraon was invalid.

6. Being aggrieved by the said order of the Additional Collector, Lohardaga, the petitioners, filed an appeal under Section 215 of the Chotanagpur Tenancy Act before the Commissioner, South Chotanagpur Division, Ranchi, which was registered as Lohardaga Revenue Appeal No. 463 of 1993. The learned Commissioner, South Chotanagpur Division, Ranchi, by his order dated 2.9.1996 dismissed the appeal filed by the petitioners and affirmed the order of the Additional Collector.

7. Learned counsel appearing for the petitioner has firstly submitted that since an earlier proceeding under Section 71-A of the Chotanagpur Tenancy Act was already decided by the LRDC on contest in between the parties with respect to the same very land and, therefore, the subsequent proceeding initiated by the respondent No. 4 and entertained by the Deputy Commissioner, Lohardaga being SAR Case No. 5 of 1993