JUDGMENT :

The writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 16.02.2016 passed by the Respondent No.4 in Land restoration Case No.17/2013-14 by which the claim of restoration of the land in question filed under Section 71A of the Chota Nagpur Tenancy Act, 1908 has been rejected. Further, the order dated 19.02.2021 by which the order dated 16.02.2016 has been quashed by the appellate authority by passing order in L.R. Appeal No.4/2016 as also the order dated 28.01.2022 passed by the revisional authority in Land Restoration Revision Case No.48/21 quashing the order passed by the appellate authority, have been sought to be quashed.

2. Brief facts of the case as per the pleadings made in the writ petition, which are required to be enumerated herein, read as under :-

The land measuring 0.68 acre situated at Plot number 3194, 3196, 3197, 3264, 3265, 3266, 3267, 3268 and 3269 Khata No.29 Mouza Dhaiya within Dhanbad Sub Division recorded in name of Keshaw Manjhi and others (Predecessor of petitioners) in Cadestral Survey Khatiyan and as such the land is amenable under the provision of Section 71(A) of Chota Nagpur Tenancy Act.

It is the case of the petitioner that one Binulal Kisku, son of Late Lakhiram Kisku, had filed an application before the Chief Minister Jharkhand stating therein that the land situated in Mouza No.6 (Dhaiya) appertaining to C.S. Khata No.29 bearing C.S. Plot No.3194, 3196, 3197, 3264, 3265, 3266, 3267, 3268 and 3269 measuring 0.68 acre land has illegally been occupied by dispossessing him by Bhim Sen Agarwal and requested for restoration and thereafter the matter has been referred to the respondent No.4 and a land Restoration Case vide L. R. Case No. 17/13-14 has been registered.

In the aforesaid case the respondent No.4 passed an order dated 16.02.2016 whereby and whereunder the petition for restoration of land has been dismissed.

The aforesaid order dated 16.02.2016 has been passed in favour of respondent No.5 to 7 on the basis of adverse possession whereas the respondent No.4 has though came to a finding that the land has not been transferred by the petitioner.

The petitioners, in the aforesaid circumstances, preferred an appeal before the appellate authority i.e. Deputy Commissioner Dhanbad vide L. R. Appeal No.4/16 against the order dated 16.02.2016 passed by the Deputy Collector Land Revenue, Dhanbad.

The respondent No.3, after hearing the parties, has passed order dated 19.02.2021 whereby and whereunder the order dated 16.02.2016 passed by the respondent No.4 has been set aside and the appeal has been allowed.

Thereafter, the respondent Nos.5 to 7 preferred a revision application before the respondent No.2 vide Land Restoration Revision Case No. 48/21 against the order dated 19.02.2021 in which the respondent No.2 has passed order dated 28.01.2022 whereby and whereunder the revision application has been allowed and the order dated 19.02.2021 passed by the respondent No.3 has been set aside, against which the present writ petition has been filed.

3. It is evident from the pleading made in the writ petition as referred hereinabove, that the land measuring 0.68 acre situated at Plot No.3194, 3196, 3197, 3264, 3265, 3267 and 3269 falling under Khata No.29, Mouza Dhaiya Mouza No.6, Dhanbad Circle was recorded in the name of Keshav Manjhi and others, the predecessors of the writ petitioners in Cathedral Survey khatiyan.

The aforesaid land, according to the writ petitioners, has illegally been grabbed without seeking any permission as required to be obtained under the provision of Chota Nagpur Tenancy Act, 1908 (hereinafter to be referred as the Act, 1908) and, therefore, the application under Section 71-A of the Act, 1908 has been filed for restoration of the aforesaid land which is in illegal possession of the Respondent Nos. 5 and 6.

The aforesaid application has been refused by the Deputy Collector, Land Reforms and the application was rejected on the ground that