Anant Prasad Sah & Ors vs The State Of Jharkhand & Ors
2021 Latest Caselaw 4143 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       (Civil Writ Jurisdiction)
                      W.P.(C) No. 4716 of 2008
                          ........

Anant Prasad Sah & Ors. .... ..... Petitioners Versus The State of Jharkhand & Ors. .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............

For the Petitioners              : None.
For the Respondents-State        : Mr. P. C. Roy, S.C.(L&C)-I
                                 : Mr. Nawal Kishore Pandey, A.C. to S.C.
                                   (L&C)-I
                                 ........
03/02.11.2021.

Nobody appears on behalf of the petitioners. It appears that writ petition has been filed on 15.09.2008 by the petitioners for quashing the order dated 30.10.2006 passed by learned Commissioner, Santhal Pargana, Dumka in Revenue Miscellaneous Case being R.M.A. Case No.167/1985, whereby the appeal filed by the petitioners has been rejected and the order and judgment of the Settlement Officer dated 04.06.1985 passed in T. L. Case No.12 &13 of Mauza- Bogli, P.S. No.21, P.S.- Jarmundi, S.C.- Basukinath, Sub-Division and District- Dumka, directing eviction of the petitioners from portions of Mr. Gantzer's settlement survey Plot Nos.865 and 804/ bandh 1170/865 portion and new Plot Nos.1666, 1168, 1169, 1170, 1190, 1185,1184, 1188, 1183, 1216, 1215, 1186, 1218, 1228, 1187, 1217, 1226, 1178, 1179 of Mauza- Bogli No.21, P.S.- Jarmundi, S.C.- Basukinath has been upheld by holding that because of two eviction cases of year 1936-37 and 1970-71 were decided on mistaken notion that the land were settled by S.D.O. and approved by Deputy Commissioner and the factum of the title and possession was not agitated therein the principle of res-judicata did not apply.

From perusal of the impugned order, it appears that it is complete non-application of mind where a Commissioner is declaring two earlier proceedings of 1936-37 and 1970-71 have been decided on mistaken notion. The remedy available before the respondent to prefer a title suit with regard to correction of name in the Jamabandi on the basis of decision / judgment and decree passed in Title Suit before the competent court of civil jurisdiction.

It appears that the land of Santhal Pargana is under survey operation under Regulation 5 of the Santhal Pargana Regulation Act, 1893, as such, the suit can be filed before the Settlement Officer, Dumka, who will transfer the case to the court of Sub-Judge, Dumka where the jurisdiction lies.

Under the aforesaid circumstances, let notice be issued upon the respondents under both process i.e. under registered cover with A/D as well as ordinary process, for which requisite etc. must be filed within a period of two weeks.

Put up this case after service of notice.

(Kailash Prasad Deo, J.) Jay/-