ORDER :

S.N. Pathak, J.

In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing and heard at length. Concerned lawyers have no objection with regard to the proceeding which has been held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter is being disposed of finally.

PRAYER

2. Petitioner has knocked door of this Court with a prayer for quashing the order dated 21.04.2012, passed by the Deputy Commissioner, Gumla in SAR Appeal No. 41 of 2007, by which concerned respondent has been pleased to allow appeal preferred by the respondent nos. 6 to 13 and has been further pleased to set aside the order dated 03.11.1999, passed by the Additional Collector, Gumla in SAR Case No. 207/ 1992 – 93. Petitioner has further prayed for a direction upon the concerned respondents to restore the land in question under the provisions of Section 71A of the Chotanagpur Tenancy Act, 1908 in favour of the petitioner.

FACTUAL MATRIX

3. The factual exposition as has been stated in the writ petition is that the land falling under Khata No. 4, Plot Nos. 31, 33, 56, 58, 252 and 332 of village – Nimra under Sisai Circle of district Gumla having an area of 4.17 Acres was recorded in the name of Karia Oraon and Lecha Oraon, who are ancestors of the petitioner. Further, the land falling under Khata No. 21, Plot Nos. 203 and 306 of village – Nimra under Sisai Circle, District – Gumla, having an area of 1.75 Acres was recorded in the name of Magna Oraon, who is also ancestor of the petitioner. The said piece of land were mortgaged with the predecessor-in-interest of respondent nos. 6 to 13 namely Harak Sahu, Rupnath Sahu and Sohar Sahu and therefore, during the survey settlement of the year 1926, the land under Khata No. 4 was shown to be under illegal possession of the said persons in the remarks column. After redemption of the mortgage, the recorded tenants Karia Oraon and Lecha Oraon came in possession of land situated under Khata No. 4 and remained in peaceful possession thereof till their life time by cultivating the land. Around the year 1970, the recorded tenants died and after their death, the predecessor-in-interest of the respondent nos. 6 to 13 came in possession over the said land illegally and in contravention of the provisions of Chotanagpur Tenancy Act, 1908 by dispossessing the petitioner and other legal heirs of the recorded tenant. Petitioner was told that the said persons had acquired title on the basis of deed of surrender and settlement. On enquiry, it was found that the predecessor-in-interest of the respondent nos. 6 to 13 had fraudulently manufactured a deed of surrender said to have been executed by Karia Oraon in favour of the ex-landlord and also a deed of settlement by the ex-landlord in favour of Harak Sahu.

4. Upon being illegally dispossessed from the land, petitioner instituted SAR Case No. 207/1992 – 93 before the Court of Sub-Divisional Officer, Gumla – cum – SAR Officer under Section 71A of the Chhotanagpur Tenancy Act, 1908. On being summoned, the predecessor-ininterest of respondent nos. 6 to 13 appeared and claimed title and possession on the basis of deed of surrender dated 27.04.940 executed by Karia Oraon in favour of the ex-landlord and deed of settlement dated 13.02.1943, executed by the ex-landlord in favour of Harak Sahu. Insofar as the land under Khata No. 4 is concerned, the said respondent claimed title over the land situated under Khata No. 21 on the basis of a registered deed of surrender dated 01.08.1939 executed by Jauni Orain, widow of Mangra Oraon and a deed of settlement dated 13.02.1947 executed by the exlandlord in favour of Harak Sahu. The records of SAR Case No. 207 of 1992 – 93 was called for by the Deputy Commissioner, Gumla and thereafter transferred to the Court of Additional Collector, Gumla for trial and disposal. After hearing the parties and perusing materials on record, th