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2002 DIGILAW 275 (JHR)

Om Prakash Choudhary v. Commissioner of South Chhotanagpur Division, Ranchi

2002-03-04

SUDHANSU JYOTI MUKHOPADHAYA

body2002
Order The Respondent No.4 filed an application under Section 71 A of the Chhotanagpur Tenancy Act before the competent authority registered as S.A.R. Case No. 1/93. 2. The Special Officer, Ranchi, vide order dated 25th June, 1996 disposed of such application granting compensation in favour of Respondent No.4. The Respondent No. 4 being not satisfied, filed an appeal being SAR. Appeal No. 22/9697 before the Deputy Collector, which was allowed vide order dated 19th February, 1997. Thereafter, the petitioner preferred revision being S.A.R. Revision No. 105/97 before the Commissioner, South Chhotanagpur Division, Ranchi. It was submitted that though the parties were present on two successive dates, but on 5th September; 2000, the revision was dismissed for default. 3. The petitioner had prayed for restoration, but restoration being refused, the present writ petition has been filed. 4. On notice, the Respondent No. 4 appeared and has filed counter affidavit with mere plea that proper opportunity of hearing was given to the petitioner 5. Having heard the counsel for the parties and on perusal of the counter affidavit filed on behalf of Respondent No. 4, the Court feels that it is a fit case for restoration, which should have been restored by the Commissioner: South Chhotanagpur Division, Ranchi. 6. Accordingly, the order passed in S.A.R. Revision No. 105/97 is set aside. The revision application is remitted for decision by the Commissioner, South Chhotanagpur Division, Ranchi on merit. The parties will appear before the authority who will fix a date of hearing. 7. The writ petition is allowed.