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Jharkhand High Court · body

2005 DIGILAW 722 (JHR)

Nabiul Hassan v. State Of Bihar

2005-09-19

M.Y.EQBAL

body2005
JUDGMENT M.Y. Eqbal, J. 1. Heard the parties. 2. The only question that falls for consideration in this writ application is to whether the Additional Collector of a district or any sub-division is vested with the power to act as Deputy Commissioner and to pass order under Section 71-A of the Chhotanagpur Tenancy Act. 3. In the instant case, an application under Section 71-A of the C.N.T. Act was filed by the private respondent against the petitioner for restoration of land on the ground inter alia that petitioner came in possession of the said land by virtue of illegal transfer. The Additional Collector, Lohardaga passed order of restoration in favour of the said respondents. 4. Mr. Amar Kumar Sinha, learned Counsel for the petitioner brought before me two notifications dated 20.9.1974 and 31.7.1982 by which the Land Reforms Deputy Collector has been vested with the power of Deputy Commissioner for the purpose of deciding the case under Section 71-A of the C.N.T. Act. 5. Mr. S.N. Lal. learned Counsel for the private respondent on the other hand very fairly submitted that if the order of Additional Collector suffers from the jurisdictional error then the matter may be remitted back to the officers having jurisdiction to decide the restoration application. 6. Section 71-A of the C.N.T. Act has been introduced in the Chhotanagpur Tenancy Act by the Bihar Schedule Area Regulation, 1969. This regulation has been connected to safeguard the interest of members of the Schedule Tribe. By the said Act the Deputy Commissioner has been vested with the power to entertain application under Section 71-A of the CNT Act. and to restore the land to the members of the Schedule Tribes, if it is found that members of the Schedule Tribe has been dispossessed in violation of the provisions of the Act or by any fraudulent method. The regulation has defined the expression "Deputy Commissioner" for the purpose which means the Deputy Commissioner exercising jurisdiction in the Scheduled Areas within his respective local limits and shall include such person as may be specially empowered by the State Government to discharge any of the functions of Deputy Commissioner. 7. As noticed above, by the aforesaid two notifications the Land Reforms Deputy Collector has been empowered by the State Government to decide the ease under Section 71-A of the CNT Act. 7. As noticed above, by the aforesaid two notifications the Land Reforms Deputy Collector has been empowered by the State Government to decide the ease under Section 71-A of the CNT Act. Admittedly, the Additional Collector has not been empowered with the power of Deputy Commissioner in the said Regulation to exercise power under Section 71-A of the CNT Act. On the contrary, the Additional Collector has been empowered to exercise appellate power under Section 215 of the said Act. In my opinion, therefore, on this ground alone, the impugned order cannot be sustained in law. 8. For the aforesaid reason, this writ application is allowed and the impugned order passed by the Additional Collector is set aside. The matter is remitted back to the Land Reforms Deputy Collector, Lohardaga to decide the restoration application afresh by giving opportunity of hearing and adducing evidence to both the parties. Since the matter is pending for the last so many years, the Land Reforms Deputy Collector, Lohardaga is directed to dispose of the restoration application as expeditiously as possible and preferably within a period of six months from the date of receipt/production of a copy of this order.