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2008 Supreme(Jhk) 1214

AJIT KUMAR SINHA
Rijhu Pahan – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioners: Mr. B.K. Pandey.
For the Respondents: Mr. Surendra Kumar.

Judgment

Ajit Kumar Sinha, J.-The petitioners have preferred this writ petition for issuance of a writ, order or direction against the respondents to quash the order dated 26.6.2002 passed by the Commissioner, South Chhotanagpur Division, Ranchi in S.A.R. Revision Case No. 78/99 vide which the possession was restored and the order of the Additional Collector was set aside.

2. The facts, in brief, are set out as under:-

The present case relates to a land in the revisional survey khata No. 51 & 79 of village Gurgain, P.S. Ormanjhi, districtRanchi measuring about 21.61 acres and the same is recorded in the name of Sukar Pahan in the revisional survey' record of rights. According to petitioner Sukar Pahan had a brother Baija Pahan who was living separately. The petitioner has given a genealogical table to indicate the relation between the brother and the respondent No. 5 and the same is quoted as under:-

3. According to petitioners the respondent No.5 filed an application for restoration of the abovesaid land under Section 71-A of the Chhotanagpur Tenancy Act before the Special Officer under Scheduled Area Regulation, 1969 against the present petitioner No.1 and the father of the petitio















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