IMPORTANT POINT
The power under Section 71A of the Chotanagpur Tenancy Act cannot be exercised after an unreasonable delay, and authorities must provide specific findings on limitation when raised by aggrieved parties.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. The Writ Petition No. 5778 of 2017 has been filed under Article 226 of the Constitution of India with a prayer for issue of appropriate writ(s), order(s), direction(s) for quashing the order dated 22.10.2010 passed by the respondent no.4 in S.A.R. Case No. 104/08-09, copy of which has been annexed as Annexure-6, the order dated 11.01.2012 passed by the respondent no.3 in S.A.R. Appeal No. 56R 15 of 2010-11, a copy of which has been annexed as Annexure-7 and order dated 20.03.2017 passed by the respondent no.2 in S.A.R. Revision No. 95 of 2012, a copy of which has been annexed as Annexure-8 of this writ petition whereby and where under, the authorities have allowed the restoration of land under Section 71A of Chotanagpur Tenancy Act in favour of the respondent no.5.

3. Writ Petition No. 5786 of 2017 has been filed under Article 226 of the Constitution of India with a prayer for issue of appropriate writ(s), order(s), direction(s) for quashing the order dated 19.02.2010 passed by the respondent no.4 in S.A.R. Case No. 312/2005-06, copy of which has been annexed as Annexure-6, the order dated 29.07.2011 passed by the respondent no.3 in S.A.R. Appeal No. 15R 15/2010-11, a copy of which has been annexed as Annexure-7 and order dated 17.04.2017 passed by the respondent no.2 in S.A.R. Revision No. 147 of 2011, a copy of which has been annexed as Annexure-8 of this writ petition whereby and where under, the authorities have allowed restoration of land under Section 71A of Chotanagpur Tenancy Act in favour of the respondent nos.5 and 6.

4. Writ Petition No. 5798 of 2017 has been filed under Article 226 of the Constitution of India with a prayer for issue of appropriate writ(s), order(s), direction(s) for quashing the order dated 22.10.2010 passed by the respondent no.4 in S.A.R. Case No. 102/2005-06, copy of which has been annexed as Annexure-6, the order dated 29.07.2011 passed by the respondent no.3 in S.A.R. Appeal No. 13R 15 of 2010-11, a copy of which has been annexed as Annexure-7 and order dated 17.04.2017 passed by the respondent no.2 in S.A.R. Revision No. 146 of 2011, a copy of which has been annexed as Annexure-8 of this writ petition whereby and where under, the authorities have allowed restoration of land under Section 71A of Chotanagpur Tenancy Act in favour of the respondent no.5.

5. Writ Petition No. 5844 of 2017 has been filed under Article 226 of the Constitution of India with a prayer for issue of appropriate writ(s), order(s), direction(s) for quashing the order dated 22.10.2010 passed by the respondent no.4 in S.A.R. Case No. 102/2005-06, copy of which has been annexed as Annexure-5, the order dated 29.07.2011 passed by the respondent no.3 in S.A.R. Appeal No. 12R 15 of 2010-11, a copy of which has been annexed as Annexure-6 and order dated 17.04.2017 passed by the respondent no.2 in S.A.R. Revision No. 148 of 2011, a copy of which has been annexed as Annexure-7 of this writ petition whereby and where under, the authorities have allowed restoration of land under Section 71A of Chhotanagpur Tenancy Act in favour of the respondent no.5.

6. The writ petitioners are the purchasers of the lands involved in respective cases which was originally purchased by Md. Rafique from the ancestors of the respondent no.5 vide sale deed no.5144 dated 24.08.1961.

7. It is submitted by the learned Senior Advocate appearing for the petitioners relying upon the judgment of Hon’ble Supreme Court of India in the case of Situ Sahu & Ors. vs. The State of Jharkhand & Ors. reported in MANU/SC/0744/2004, paragraph no. 11 of which reads as under:-

11. We are, therefore, of the view that the use of the words “at any time” in Section 71-A is evidence of the legislative intent to give sufficient flexibility to the Deputy Commissioner to implement the socio-economic policy of the Act viz. to prevent inroads upon the rights of the ignorant, illiterate and backward citizens. Thus, where the Deputy