Aparesh Kumar Singh, J.:— Heard counsel for the petitioners and the State.
2. Petitioners have preferred a Land Restoration Appeal Case No. 02/2016 before the Additional Collector, Ramgarh being aggrieved by the impugned order dated 2nd April, 2016 passed by the Land Reforms Deputy Collector, Ramgarh in Land Restoration Case No. 46/2015-16 in terms of which the petition filed by the respondents no. 7 to 11 under Section 46(4-A) of the Chota Nagpur Tenancy Act, 1908 has been allowed and the Circle Officer, Ramgarh has been directed to restore the land comprised within Khata No. 36, Plot No. 1009 of village Marar, P.S Ramgarh having an area of 1.49 acres.
3. Counsel for the petitioners submits that in a meeting before the National Commission for Scheduled Tribe attended by the Deputy Commissioner and the Superintendent of Police, Ramgarh the minutes recorded by the Chairperson of the Commission dated 28th December, 2015 (Annexure-7) at the Regional Office at Ranchi reflect that the Deputy Commissioner, Ramgarh has stated that the matter will be settled shortly in favour of Ganesh Bedia. Ganesh Bedia, according to the petitioner, is the son of private respondent, as is evident from the statements made at page-63 in the petition made by the private respondent before the Land Reforms Deputy Collector, Ramgarh. It is submitted that the petitioners have apprehension that the appellate authority may be influenced by the undertaking given by the Deputy Commissioner, Ramgarh as recorded by the National Commission for Scheduled Tribes in deciding the appeal. An observation to that effect may, therefore, be made.
4. Counsel for the respondents-State submits that though instructions have not been received in the matter which has been filed in the 1st week of May, 2016 itself, but if the petitioners have preferred an appeal before the Additional Collector, Ramgarh, it may be considered in accordance with law without being influenced by any other extraneous factors.
5. Accordingly, without observing anything on the merits of the case of the parties, the instant writ petition is disposed of so that the appellate authority/Additional Collector, Ramgarh (respondent no. 4) considers the appeal in accordance with law without being influenced by the minutes at Annexure-7.