1. A proceeding under Section 4(h) of the Land Reforms Act, 1950 (hereinafter referred to as the Act) was initiated by the Deputy Commissioner, Ranchi for cancellation of settlement of land in question. After notice to a dead person, namely, Late Ishwar Dayal Singh, it was cancelled vide order dated 3rd June, 2002. The writ petitioner/respondent whose members were in possession of the land and claimed ownership of the land, moved in appeal. The Commissioner, South Chhotanagpur Division, Ranchi rejected the appeal vide order dated 2nd July, 2002. The aforesaid order when challenged by the writ petitioner/respondent in W.P. (C) No. 4320 of 2002, the learned Single Judge vide impugned order dated 25th April 2003 allowed the writ petition.

2. The main plea taken by the appellant is that the land, in question, was illegally transferred in favour of Ishwar Dayal Singh for the purpose of defeating the provisions of Land Reforms Act.

3. The brief fact of the case is that one Jagdish Prasanna Nath Sahdeo was recorded Khewatdar of the land of Khata No. 119 and Khata No. 113 of village Bazra, P.S. Ranchi (now known as Sukhdeo Nagar). The said landlord settled 22.75 acres of land comprised