ORAL JUDGMENT

Order No.05 : Dated 7^th June, 2022 I.A. No.431 of 2021

This Interlocutory Application has been filed for condoning the delay of 206 days in preferring the present appeal. However, vide stamp report dated 22.01.2021 it has been reported that the appeal actually is not time barred in view of the order dated 23.03.2020 and 06.05.2020 passed in suo motu Writ (Civil) No.03 of 2020 by the Hon’ble Supreme Court of India.

2. In that view of the matter, no order is required to be passed in this Interlocutory Application as the appeal is to be taken to have been filed within time.

3. I.A. No.431 of 2021 stands disposed of accordingly.

L.P.A. No.35 of 2021

4. The instant appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 26.05.2020 passed by learned Single Judge of this Court in W.P.(C) No.142 of 2009 whereby and whereunder the order dated 13.05.1998 passed in S.A.R. Case No. 164/1996-97 by which the restoration application preferred by the respondent No. 5/appellant has been allowed and the land in question having an area of 1.5 Kathas has been ordered to be restored in favour of respondent No. 5 and the order dated 29.11.05 passed in S.A.R. Appeal No. 110-R-15/1998-99 by which the appeal preferred by the original writ petitioner against the order dated 13.05.1998 has been dismissed as also the order dated 20.10.2008 passed in S.A.R. Revision No. 91/2005 by which the revision application preferred by the petitioner has been rejected, have been quashed and set aside.

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

It is the case of the writ petitioner that in the year 1936 the grandfather of respondent No. 5 had surrendered the land in question to the landlord. The landlord had executed a Hukumnama in the name of father of the writ petitioner, namely, Sri Govind Sahu, for an area of 1.5 Kathas. The father of the original writ petitioner used to pay Chowkidari and other rents to the landlord and had constructed a house over the land in question consisting of two pucca rooms and a boundary wall. The land in question was initially recorded in the name of Lenga Munda and Soma Munda, both sons of late Munda Munda, in the record of rights and thereafter both the recorded tenants made a family partition and the disputed land came in possession of Lenga Munda who had three sons, namely, Bhadar Munda, Sadhan Munda and Sukra Munda. The land was subsequently transferred in favour of the then landlord in the year 1936.

The respondent No. 5 had filed an application under Section 71A of the Chota Nagpur Tenancy Act (hereinafter referred to as the CNT Act) being S.A.R. Case No. 164/1996-97 for restoration of an area of 20 Kathas in Plot No. 299, Khata No. 59, situated at Tiril Road, Kokar, P.S. Sadar, District Ranchi.

The Respondent No.4, vide order dated 13.05.1998, had passed an order directing for restoration of the land in question in favour of Respondent No. 5.

The original writ petitioner preferred an appeal before

Respondent No. 3 being S.A.R. Case Appeal No. 110-R- 15/1998-99 which however was dismissed on 29.11.2005 against which the original writ petitioner had preferred revision application before the respondent No. 2 being S.A.R. Revision No. 91/2005 which also was dismissed vide order dated 20.10.2008.

The writ petitioner, being aggrieved with the orders passed

by the revenue authorities, preferred a writ petition being W.P.(C) No.142 of 2009 for seeking a direction for quashing of the orders dated 13.05.1998, 29.11.2005 and 20.10.2008 passed in S.A.R. Case No. 164/1996-97, S.A.R. Case Appeal No. 110-R-15/1998-99 and S.A.R. Revision No. 91/2005 respectively taking the ground that the land has been transferred without seeking permission from the Deputy Commissio