Shyam Murmu & Another vs The State Of Jharkhand & Others
2021 Latest Caselaw 3914 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Writ Jurisdiction)
                 W.P. (C) No. 631 of 2011
                         ........

Shyam Murmu & Another                  ....   ..... Petitioners
                              Versus
The State of Jharkhand & Others        ....   ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Petitioners : Mr. Chanchal Jain, Advocate. For the Respondent/State : Mr. Manoj Kumar No. 3, G.P.-II ........

05/20.10.2021.

Heard, learned counsel for the petitioners, Mr. Chanchal Jain and learned counsel for the respondent / State, Mr. Manoj Kumar No. 3, G.P.-II.

Petitioners namely, Shyam Murmu and Ram Chandra Baskey have preferred this writ petition for quashing the order dated 05.12.2000 passed by the Sub-Divisional Officer, Ghatshila in SAR Case No. 18/1999-2000, whereby the Sub-Divisional Officer has illegally passed an order for restoration of land measuring an area of 2.57 acres out of Plot No. 118, 121, 150, 151, 1095, 1006 of Khata No. 29, situated at Mauza- Agarpara, P.S. - Garbandha, East Singhbhum in purported exercise of power under Section 71A of the CNT Act and also for quashing of the order dated 06.09.2007, passed by the Commissioner, Singhbhum (Kolhan), Sub-Division, Chaibasa in SAR Revision No. 5/06, 6/06 and 7/06, allowing the revision filed by the respondent nos. 5 & 6 by setting aside the order dated 24.11.2005 passed by Deputy Commissioner, East Singhbhum, Jamshedpur in SAR Appeal No. 157, 158, 159/2000-01.

Learned counsel for the petitioners, Mr. Chanchal Jain has submitted that without any special power referred by the Deputy Commissioner, Sub-Divisional Officer cannot invoke jurisdiction under Section 71A of the CNT Act. Further the land of Khata No. 176 & 178 situated at Mauza - Amrapara, P.S. - Bahragora, District - Singhbhum was recorded in the revisional survey records of rights in the name of Surai Manjhi, who filed Title Suit No. 37/28-76/77 in the court of Sub-Judge, Jamshedpur against Kala Santhal and others i.e. the ancestors of respondent nos. 5 namely, Ram Chandra Santhal,

respondent no. 6 namely, Lakhan Santhal, respondent no. 7 namely, Mangal Santhal and respondent no. 8 Suru Santhal, all resident of Agarpara, P.S. - Ghorabandha, Circle office Bahragora, District - East Singhbhum, praying therein a decree for declaration of title and confirmation of possession with respect to the land measuring an area of 6.28 acres comprised with Khata No. 29 & 30 situated at Amrapara, P.S. - Bahragora, District - East Singhbhum and prayer was made for grant of injunction restraining the defendants from interfering with the possession over the suit land.

Learned counsel for the petitioners has further submitted that the judgment dated 30.07.1978 and decree dated 10.08.1978 passed in Title Suit No. 37/28 of 1976-77 attains finality as no appeal has been preferred against the said judgment. Thereafter, the said Surai Manjhi remained in possession over the lands and after his death, his only daughter Hira Manjhian inherited the aforementioned property and came into possession of the same. Hira Manjhian on account of legal necessities sold 1.13 acres of land out of Plots of Khata No. 29 & 30 by virtue of registered sale deed dated 20.02.1982 vide Sale Deed No. 1507 and further 1.30 acres of land by virtue of another registered sale deed dated 20.02.1982 vide Sale Deed No. 1506 and further 3.52 acres vide registered sale deed dated 20.02.1982 vide sale deed no. 1508 after obtaining permission under Section 46 of the CNT Act passed in Misc. Case No. 565/78-79 and 566/78-79 and 567/78-79 and the petitioners accordingly came into possession over the same, as such, initiation of Restoration Case No. 16/1999-2000, 17/1999-2000 and 18/1999-2000 under Section 71A of the CNT Act before the Sub-Divisional Officer, is wholly without jurisdiction.

Learned counsel for the respondent / State, Mr. Manoj Kumar No. 3, G.P.-II submits that State will file counter affidavit, but notice is required to be issued upon private respondent nos. 5, 6, 7 & 8.

Under the aforesaid circumstances, State Counsel is granted four weeks' time to file counter affidavit.

Issue notice to the respondent nos. 5 namely, Ram Chandra Santhal, son of Late Kala Santhal, respondent no. 6 namely, Lakhan

Santhal, son of Late Kala Santhal, respondent no. 7 namely, Mangal Santhal, Son of Mother Kari Santhal and respondent no. 8 Suru Santhal, Son of Mother Kari Santhal, all resident of Agarpara, P.S. - Ghorabandha, Circle Office Bahragora, District - East Singhbhum, under both process i.e. under registered cover with A/D as well as under ordinary process, for which requisites etc., must be filed within one week.

Put up this case after service of notice.

(Kailash Prasad Deo, J.) Sunil/-