A stay order on land restoration is invalid if issued without authority; clear evidence of dispossession must be presented for jurisdictional compliance.

JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. This batch of writ petitions arise out of common order passed in S.A.R. Case No. 482 of 2007-08 against which SAR Appeal No. 111(R) 15 of 2012-13 was dismissed and then SAR Revision No. 02/2015 and 03/2015 were also dismissed. W.P. (C) No. 668 of 2015 was filed during the pendency of the revision petitions alleging that the S.A.R. officer had suo moto stayed the execution of order of restoration passed in S.A.R. Case No. 482 of 2007-08 without there being any order of stay from the competent authority. However, during the pendency of the aforesaid writ petition, the revision petitions were dismissed and the persons against whom the order of eviction was passed under section 71A of Chota Nagpur Tenancy Act, 1908 (hereinafter referred as to the “CNT Act”) and they have filed the other two writ petitions being W.P.(C) No.124 of 2017 and W.P.(C) No. 220 of 2017 in which order of status quo in connection with their dispossession has been passed by this Court and these cases were tagged and remained pending before this Court.

2. In W.P.(C) No.124 of 2017, the order of status quo was passed on 13.01.2017 and in W.P.(C) No.220 of 2017, the order of status quo was passed on 17.01.2017.

3. The petitioner in W.P. (C) No. 668 of 2015 is the private respondent in W.P.(C) No.124 of 2017 and W.P.(C) No.220 of 2017, whose predecessor in interest was the applicant in petition seeking restoration of land under section 71A of C.N.T Act, 1908 (hereinafter referred to as the “applicant”

4. W.P. (C) No. 668 of 2015 has been filed for the following reliefs: -

“for issuance of an appropriate writ, rule, order, direction for quashing the order contained in letter no. 02 (ii) dated 22.01.2015 passed by the Special Officer, Scheduled Areas Regulation, Ranchi in S.A.R. Case No. 482 of 2007-08 (Annexure-4) by which the Respondent No. 5 has illegally passed an order directing the Circle Officer, Nagri, Ranchi to stay the delivery of possession with respect to the land 0.82 Acres of land comprised within Plot No. 111 of Khata No. 116 situated at Mauza Gutua, P.S. Nagri, District Ranchi although order has been passed for restoration of the aforementioned lands in favour of the petitioner under Section 71 (A) of the C.N.T. Act by the Special Officer, S.A.R., Ranchi in SAR Case No. 482 of 2007-08 and the same has been affirmed by the Learned Deputy Commissioner, Ranchi in SAR Appeal No. 111(R) 15 of 2012-13 and notice was issued by the Circle Officer for effecting delivery of possession in favour of the Petitioner with respect to the aforementioned land on 22.01.2015 but the Respondent No. 6 in arbitrary and colourable exercise of power has illegally passed an order staying the delivery of possession without any order of the competent authority flouting the order passed by the superior authority showing undue favour to Respondent No. 7 and for such other relief or reliefs to which the Petitioner is legally entitled to.”

5. W.P. (C) No. 124 of 2017 has been filed for the following reliefs: -

“a. For issuance of an appropriate writ/writs, order/orders, direction/directions or writ in the nature of certiorari for quashing of the order dated 14.12.2016 passed by the Commissioner, South Chhotanagpur Division, Ranchi in SAR Revision No. 2/2015 and SAR Revision No. 3/2015 whereby and where under the revision application filed against the order dated 11.06.2014 passed by Learned Deputy Commissioner, Ranchi in SAR Appeal No. 111 R 15/2012-13 has been dismissed and order dated 11.06.