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Judgment
Appellant filed Land Restoration Case No. 46/85-86 before the Land Reforms Deputy Collector, Dhalbhum, Jamshedpur u/s 71-A of the Chotanagpur Tenancy Act, 1908, against respondents No. 6 and 7, which was allowed.
Appeal filed by respondents No. 6 and 7 was also dismissed. At the instance of respondents 6 and 7, the matter came in revision before Commissioner, South Chotanagpur Division, Ranchi vide Singhbhum (E) Revenue Revision No. 117 of 1995, which was, however, disposed of in terms of consent order. Respondents No. 6 and 7 is said to have agreed to make available an alternative holding of equivalent value in the vicinity of disputed two decimals land to which appellant agreed. The Commissioner also observed that in case alternate holding was not made available. Sub-divisional Officer, Dhalbhum is directed to fix amount of compensation to be paid by respondents No. 6 and 7 to the appellant,
Against the said order appellant preferred CWJC No. 1094 of 2001 in this Court which was disposed of on 22.3.2001 by learned Single Judge with a direction to the Sub-divisional Officer. Dhalbhum to implement aforesaid consent order passed by Commissioner as early as possible.
Mr. D.K. Prasad, counsel for respondents No. 6 and 7 on instruction states that his clients are ready to make available alternative holding in terms of consent order passed by Commissioner, but in view of pendency of present appeal, Sub-divisional Officer, Dhalbhum, is not proceeding with the matter. It is not contradicted by appellant''s counsel.
In such circumstance, we are not required to interfere with the order dated 22.3.2001 passed by learned Single Judge giving direction to the Sub-divisional Officer to implement consent order passed by Commissioner.
Respondents No. 6 and 7 are ready to make available two alternative sites with specification and details for appellant before Sub-divisional Officer, Dhalbhum within two weeks. Thereafter the Sub-divisional Officer must decide and pass necessary order within two months after giving opportunity of hearing to the parties.
With the above observation/direction this appeal is disposed of.