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2018 DIGILAW 206 (JHR)

Chedia Oraon v. State Of Jharkhand

2018-01-24

ANUBHA RAWAT CHOUDHARY

body2018
JUDGMENT Anubha Rawat Choudhary, J. – Heard Mr. S.N. Tiwari, learned counsel for the petitioner. 2. Heard Mr. P.P.N. Roy, learned senior counsel for the private respondent no. 5 and 5(a). 3. Heard Mr. Rahul Kamlesh, learned counsel appearing for the State. 4. This writ petition has been filed by the petitioner for quashing the order dated 28.06.2001, passed by the Special Officer, Ranchi in S.A.R. Case Nio. 124/97-98 as contained in Annexure-2 to the writ petition, whereby he directed the petitioner to restore the land situated at village-Hehal of R.S. Khata No. 17, Plot No. 785, area 0.31 acres to the respondent no. 5 [since deceased and is now represented through respondent nos. 5 and 5(a)]. The petitioner has further prayed for quashing the order dated 30.04.2002, passed by the Additional Collector, Ranchi in S.A.R. Appeal No. 66R 15 of 2001-2002 as contained in Annexure-3 to the writ petition, whereby the said authority has confirmed the order passed by the respondent no. 4. The petitioner has also prayed for quashing the order dated 25.06.2002, passed by the Commissioner, South Chotanagpur, Division, Ranchi in Ranchi S.A.R. Revision No. 054/2002 as contained in Annexure-IV to the writ petition, whereby the said authority has dismissed the revision application at the admission stage itself without properly considering the relevant provisions of the Chotangpur Tenancy Act, Limitation Act and the binding decision of Hon''ble the Supreme Court. 5. Counsel for the petitioner submits that the application for restoration of land filed under Section 71 A of Chotanagpur Tenancy Act was hopelessly time barred and this point having been raised before the authorities but the same has not been considered in spite of the fact that a number of judgments were cited on the point of limitation. He further submits that the order impugned is a cryptic and non speaking order. 6. Counsel appearing on behalf of private respondents submits that from perusal of the appellate order as contained in Annexue-3 to the writ petition, it appears that specific plea was taken by the counsel for the private respondents before the learned appellate Court that the date of dispossession is of the year 1980 and accordingly the proceeding under Section 71 A was within the period of limitation. He further submits that the petitioner has lost before all the three authorities and hence the impugned orders require no interference. 7. Heard counsel for the parties. He further submits that the petitioner has lost before all the three authorities and hence the impugned orders require no interference. 7. Heard counsel for the parties. From perusal of order dated 28.06.2001 passed by the Special Officer, Ranchi it appears that although the point of limitation was taken, but there is no finding on the point of limitation. So far as appellate order dated 30.04.2002 is concerned, it appears that the point of limitation was again agitated, but again there is no finding on the point of limitation. So far as revisional order as contained in Annexure-4 is concerned, it again does not decide the issue of limitation and the order is cryptic order. Accordingly, the impugned orders are perverse and the same are fit to be set aside. 8. In the facts and circumstances of the case, this writ petition is allowed and the impugned order dated 28.06.2001, passed by the Special Officer, Ranchi in S.A.R. Case No. 124/97-98, the order dated 30.04.2002, passed by the Additional Collector, Ranchi in S.A.R. Appeal No. 66R 15 of 2001-2002 and the order dated 25.06.2002, passed by the Commissioner, South Chotanagpur, Division, Ranchi in Ranchi S.A.R. Revision No. 054/2002 are hereby quashed and set aside. The matter is remanded back to the Special Officer, Ranchi for taking fresh decision after hearing counsel for the parties. It is open to the parties to adduce further evidence if any before the Special Officer, Ranchi. The writ petitioner herein and the private respondents will appear before the Special Officer, Ranchi on 14.02.2018 and thereafter the said authority will proceed with the matter to decide afresh after giving full opportunity to both the parties in accordance with law and pass reasoned order within a period of six months thereafter.