Advocates:
['SUDHIR KUMAR SINHA', '', 'RISHI PALLAVA', 'SHUBHAM GAUTAM', 'LUKESH KUMAR', 'A G', '', 'CHANDRA PRABHA', 'BINODANAND TIWARI', 'ARBIND KUMAR', 'RAHUL SABOO', 'APOORVA SINGH', 'RAHUL KUMAR']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Letters Patent Appellate Jurisdiction)

L.P.A No. 446 of 2011

--------

1/1) Kailash Prasad Rout, s/o late Govind Rout, r/o village-

Baridiah S.C. Kasba, PO & PS-Hansadiha, District-Dumka.

… Appellant/Petitioner

Versus

1. The State of Jharkhand.

2. Commissioner, Santhal Pargna Division at Dumka, At, PO & PS-

Dumka, District-Dumka.

3. Settlement Officer, Santhal Pargna Division, At, PO & PS-

Dumka, District-Dumka.

4. Assistant Settlement Officer at Dumka, At, PO & PS-Dumka,

District-Dumka.

5. Kishan Raut, s/o late Ganeshi Raut, r/o village-Baridiah S.C

Kasba, PO & PS- Handiha, District-Dumka.

… Respondents/Respondents

6. Most. Bajadi Dev, w/o late Kartik Raut.

7. Gauri Shankar Raut, s/o late Kartik Raut.

8. Mohan Raut, s/o late Hari Narayan Raut.

9. Manoj Raut, s/o late Charan Raut.

10. Rinku Raut, s/o late Charan Raut.

All are r/o village-Baridiah S.C Kasba, PO & PS-Handiha,

District-Dumka.

… Performa Respondents/ Performa Respondents

11. Makeshwar Raut, s/o late Sobit Raut.

12. Jageshwar Raut, s/o late Sobit Raut since died after disposal of

writ hence in this memo of appeal substituted by his wife Radha

Devi and sons Bibhishan Rout and Manish Rout.

13. Kamal Raut, s/o late Sobit Raut.

All are r/o Baridih S.C Kasba, PO & PS-Hansdiha, District-

Dumka.

… Petitioners/Performa Respondents

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant

: Mr. Rishi Pallava, Advocate

For the State

: Mr. Amitesh Kumar Geasen,

AC to SC-I

For the Respondent No.5

: None

For the Respondent Nos. 6 to 10 : Mr. Rahul Kumar, Advocate

Miss Apoorva Singh, Advocate

--------

O R D E R

8^th June 2022

Per, Shree Chandrashekhar, J.

No one appears for the respondent no.5.

2 L.P.A No. 446 of 2011

2.

Before the writ Court also neither respondent no.5

appeared nor he was represented through the learned counsel.

3.

The appellant is in appeal against the order dated 10^th

August 2011 passed in W.P.(C) No. 4075 of 2008.

4.

As a consequence of the order dated 10^th August 2011

by which the order passed in R.M.R No. 22 of 1989-90 was

affirmed by the writ Court, the lands comprised under J.B No. 38

old Plot No. 633 at village Baridih within PS Hansdiha in the

district of Dumka shall be restored to the descendants of late Hari

Naryan Raut.

5.

Briefly stated, R.E Case No. 5 of 1986 was registered on

an application for restoration filed by Ganesh Raut. Govind Raut

who was opposite party in the said proceeding claimed right, title

and interest over the lands in question by virtue of Sada

Kurfanama executed by the recorded tenant. He further pleaded

that the lands in question belonged to his predecessor by virtue of

a compromise decree in Title Suit No. 33 of 1959. The Assistant

Settlement Officer observed that the compromise decree in Title

Suit No. 33 of 1959 was a collusive decree and, therefore, had no

sanctity in law. By an order dated 7^th June 1986, the restoration

application filed by Ganesh Raut was allowed and a direction was

issued for restoration of the lands comprised under J.B No. 38 to

him.

6.

The aforesaid order passed by the Assistant Settlement

Officer was challenged by Govind Raut and the legal heirs of Sobit

Raut by filing R.E Appeal No. 305 of 1986-87 in which Ganesh

Raut and his brothers Mohan Raut as well as Charan Raut were

arrayed as party-respondents. Before the appellate authority a plea

was raised on behalf of Govind Raut and others that they were in

peaceful possession of the lands in question since last several

years and were paying rent since 1955-56. In support of the

aforesaid plea the appellants tendered in evidence the documents

pertaining to L. A. Case No. 39 of 1955-