The present writ petition has been filed for issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction for quashing the order dated 6.5.2002 passed by the Commissioner, Dhanbad in Dhanbad C.N.T. Appeal No. 140 of 1994 as also the order dated 6.10.1994, passed by the Charge Officer, Dhanbad in Janch Badar Case No. 6 of 1994.

2. The facts, in brief, as stated by the petitioner are that one Shiv Kumar Pandey granted settlement of a total area of 10 acres of land in Plot No. 667 (9 acres) and Plot No. 1061 (1 acre) both under Khata No. 170 by terms of a Hukumnama in favour of the petitioner, Sulochana Devi, and, accordingly, she became her Raiyat and came in possession of the settled land. It has also been submitted that in exercise of her rights as Raiyat, she continued in occupation on payment of rent against the grant of rent receipts to the Ex-landlord and also converted the settled land and made the same cultivable into Dhan Khet-I, II and III.

3. The Ex-landlord was also paid compensation in lieu of vesting of estate in respect of his Khewat interest, including the land settled with the petitioner in Compensation Case No. 5865 of 1956-57 and the name of the petitioner was shown as Raiyat in respect of the settled land. On the basis of the Return submitted by the Ex-landlord, Jamabandi was created in favour of the petitioner and her name was also entered in the Tenant Ledger Register-II in respect of the settled land and, as such, the petitioner continued as a Raiyat under the State Government on payment of rent against the rent receipts.

4. A notification under Section 29 of the Indian Forest Act was issued sometime in the year 1964 in respect of 151.85 acres of land out of 172.41 acres of Plot No. 667 and 10.02 acres out of 11.02 acres of Plot No. 1061 of Khata No. 170 and, accordingly, realization of rent was stopped. On account of issuance of the aforesaid Notification, Case No. 2(x) of 1982-83 was registered before the Circle Officer, Baghmara, praying therein for acceptance of rent in which an enquiry was held and after verification from Forest Department, the land of the petitioner was found beyond the forest demarcation area and, accordingly, an order was passed by the Circle Officer, Baghmara, to continue the rent receipts by enhancing the rent to Rs.23 per annum. The petitioner, thereafter, continued to pay the enhanced rent against the grant of rent receipts. Thereafter, the State Government passed an order under Section 82 of the Act, directing that a survey be made for preparation of records of rights and steps were taken for preliminary publication of the draft record of rights under Section 83 of the Act and during the course of survey and settlement operation, an area of 10 acres was shown and carved out from Cadastral Survey Plot Nos. 667 and 1061 and the same was shown in the draft records of right in the name of the Forest Department. In the remarks column, the possession of the petitioner was recorded as "Awaidh Dakhal".

5. The petitioner being aggrieved, filed petitions under Section 83(1) of the Act and the same were registered as Objection Case Nos. 222 of 1986 and 223 of 1986. The objections filed by the petitioner were rejected by the Revenue Officer vide order dated 5.8.1988. The petitioner, thereafter, preferred two revision applications under Section 89(1) of the Act being Case Nos. 9185 of 1989 and 9186 of 1989, which were heard together and vide common order dated 25.3.1991 both the revision applications were allowed. A direction was also issued for making correction by entering the name of the petitioner as Raiyat in respect of Survey

Plot Nos. 1218 and 1224 and for deleting the name of the Forest Department.

6. It appears that the Charge Officer-cum-Settlement Officer under the Janch Badar Case No. 6 of 1994 initiated a proceeding and invited objections and finally by a speaking order dated 6.10.1994 set aside the order passed by the Assistant Settle