Jharkhand High Court
Anwari Begam Wife Of Samsher Alam Ansari vs State Of Bihar on 15 July, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:19239
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.W.J.C. No. 3810 of 2000(R)
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1. Anwari Begam wife of Samsher Alam Ansari
2. Samsher Alam Ansari son of Jamiruddin Ansari
Both residents of Village Tangar, P.S. Chanho, District Ranchi
.... .... .... Petitioners
Versus
1. State of Bihar
2. Commissioner, South Chotanagpur Division, Ranchi
3. Deputy Commissioner, Ranchi
4. Sibna Minj
5. Gondu Minj
Both sons of Late Budhram Oraon, residents of Village Tangar, P.S.
Chanho, District Ranchi .... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioners : Mr. Amar Kumar Sinha, Advocate
Mr. Sumit Kumar, Advocate
For the Private Respondents : Mr. Abdul Kalam Rashidi, Advocate
.
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Order No.13 / Dated : 15.07.2025
If a title has been declared in favour of the party by a Court of
competent jurisdiction and has attained finality, whether the order of
restoration passed under Section 71-A of the CNT Act against the said party
with respect to the same land is sustainable? This is the question raised at
Bar in the instant writ petition.
2. Petitioners are before this Court against the order of restoration
with respect to 10 ½ decimal of land in R.S. Plot No.1792 and ½ decimal of
land in R.S. Plot No.2058 situated at Mouza Tangar, P.S. Chanho, District
Ranchi which has been passed in favour of respondent nos.4 and 5 in Misc.
Case No.146R28/1996-97.
3. Land in question appertains to Plot No.1792, Khata No.201, Village
Tangar, P.S. Chanho, District Ranchi measuring an area 0.34 acres.
4. As per the case of the petitioners, the land was originally recorded
in the name of Chunda Oraon and after his death his wife Most. Phullo
Orain inherited the property. She surrendered the land by way of registered
deed of surrender on 12.01.1955 and after the surrender, the said land was
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purchased by Raghunandan Prasad Sahu, measuring an area 0.54 acre, Plot
No.1792, Khata No.201 by registered deed of sale dated 17.03.1956.
Raghunandan Prasad Sahu sold the said land to Sardar Chandan Singh vide
registered sale deed dated 13.07.1965 and the legal heirs of Sardar Chandan
Singh sold the land to the petitioners vide registered sale deed dated
08.06.1988.
5. It is argued by the learned counsel on behalf of petitioners that this
is second round of litigation. Earlier SAR Case No.329 of 1971 was filed for
restoration of this land by father of respondent nos.4 and 5 which was
ordered in favour of respondent nos.4 and 5 and attained finality in C.W.J.C.
No.1849 of 1981 (R) vide order dated 06.07.1987.
6. After the said restoration, the present case has been filed for
effective restoration of 10 ½ decimal of land in R.S. Plot No.1792 and ½
decimal of R.S. Plot No.2058 of Mouza Tangar, P.S. Chanho, District Ranchi.
7. The main plank of argument advanced on behalf of petitioners is
that the suit with respect to the land in question has been decreed in his
favour in first appeal and has attained finality after dismissal of the Second
Appeal. In view of ratio laid down by this Court in the case of Lerha Oraon
Vs. The State of Bihar through The Deputy Commissioner, Ranchi & five
others 2003 (4) JLJR 312, wherein, it has been held that in view of
declaration of title, the restoration order will not survive.
8. In view of the above relied authority, there is no room to differ with
legal proposition advanced on behalf of the petitioners, that once the title is
declared by a court of competent jurisdiction, and the said judgment has
attained finality, it will override any order passed under Section 71-A of the
CNT Act.
9. Here, suit filed on behalf of the petitioners was decreed and
reversed in appeal, against which second appeal was filed which was
dismissed for default. For the restoration of the second appeal, Civil
Miscellaneous Petition has been filed which is pending, therefore, it cannot
be said that order of restoration has attained finality. Title Suit No.157 of
1991 filed by Anwari Begum impleading Litu Oraon for declaration of title
and confirmation of possession was dismissed. The first appeal arising
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therefrom, was allowed in favour of the petitioners. Second Appeal against
the said judgment was dismissed for default and now a Civil Miscellaneous
Petition has been filed for its restoration.
10. Under the circumstance, it cannot be said that judgment and decree
in favour of the petitioners in first appeal has attained finality. However, so
long as the Judgment and decree passed in the first appeal is not set aside, it
will be binding and the impugned order of restoration passed against the
petitioners in SAR case, cannot be given effect to. The order passed in SAR
case can be given effect only if the said declaration of title attains finality on
disposal of CMP/Second Appeal by this Court.
11. Impugned order of restoration is accordingly put in abeyance, till
the disposal of Civil Miscellaneous Petition/Second Appeal pending before
this Court preferred by the private respondents against the Judgment and
decree passed in First Appeal.
Writ Petition is accordingly disposed of.
Interlocutory Application, if any, is disposed of.
(Gautam Kumar Choudhary, J.)
Anit
