Judgment S. B. Sinba, J. 1. In this writ petition the petitioners have challenged the orders dated 29-9-1975, 25-9-1978 and 6-8-1983 passed by the respondent Nos.4, 3 and 2 respectively. 2. By reason the aforementioned orders the said authorities in purported exercise of their powers conferred upon them under Sec.71-A of the Chotanagpur tenancy Act directed the petitioners to restore the land in question in favour of the respondent Nos.5 and 6. 3. The facts of the case lie in a very narrow compass. 4. The lands, in question, which appertaining Khata No,, 82 measuring about 9.97 acres of land situate in village Umedanda, P. S. Burmu, District ranchi were recorded in the name of Birsa Oraon. The aforementioned lands were sold in 1943 by reason of an auction held under the orders of court for arrears of rent in Rent Execution Case No.299/41-42. The said decree was passed in relation to a suit for arrears of rent. In the aforementioned auction, the ex-zamindar purchased the said lands himself and after obtaining possession thereof settled a portion of the same in favour of the petitioners by virtue of a registered kabuliat, dated 7-7-1944. The details of the aforementioned settled lands are as follows :- 4_612_BLJ1_1988.htm 5. The respondent No.4 started a suo moto a proceed under Sec.71-A of the Chotanagpur Tenancy Act and the petitioners were directed to file their show cause. The respondent No.4 however by reason of the order as contained in Annexure 1 to the writ petition decided the said proceeding against the petitioners and directed the respondent Nos.5 and 6 to pay a sum of Rs.2,000 by way of compensation, The petitioners challenged the aforementioned order by way of an appeal and revision which have also been found favour by the appellate and revisional authorities. The orders of the Appellate and Revisional Authorities are contained in Annexures 2 and 3 to the writ petition. 6. Section 71-A of the Chotanagpur Tenancy Act, although, has been enacted to protect the interest of the members of the Scheduled Tribe but, in my opinion, in order to invoke the said provision the condition precedents therefore must be fulfilled. 7. 6. Section 71-A of the Chotanagpur Tenancy Act, although, has been enacted to protect the interest of the members of the Scheduled Tribe but, in my opinion, in order to invoke the said provision the condition precedents therefore must be fulfilled. 7. It is now well settled by various decisions of this court that before an order under Sec.71-A of the Chotanagpur Tenancy Act can be passed the following conditions must be fulfilled :- (a) the lands must be belonging to a person who is a member of the Scheduled Tribe. (b) Such a person belonging to the Scheduled Tribe has transferred the land in contravention of Sec.46 or any other provision of the Act or such transfer has been obtained by any fraudulent. (c) The application for restoration is filed within a period of 30 years except in certain conditions as mentioned in the provisions thereto. 8. Plainly enough the wordtransferused in Sec.71-A of the Chotanagpur tenancy Act even if to be held to have an extended meaning, the same must be confined only to the cases of the voluntary transfer. A transfer which is made pursuant to an auction held in Execution of a rent decree, in my opinion, being involuntarily transfer the same does not and cannot attract the provision of section 71-A of the Chotanagpur Tenancy Act. 9. It may be mentioned here that involuntarily transfers or in other words transfers which have been effected under the provision of the statute fall out side the scope of the provisions of the Transfer of Property Act. 10. Further in an auction-sale held in execution of a rent decree, no question of violation of the provision of Sec.46 of the Chotanagpur Tenancy act or any other provision thereof arises; nor can it be said that a fraud has been committed by a court in such a decree and directing holding of an auction for realisation of the decretal amount. 11. In this view of the matter the impugned order cannot be sustained. In the result this writ petition is allowed and the impugned orders as contained in annexures 1, 2 and 3 are hereby quashed. However, there will be no order as to costs. Petition allowed.