Mukesh Mandal vs The State Of Jharkhand
2023 Latest Caselaw 3748 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P.(C) No. 4539 of 2022
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1. Mukesh Mandal

2. Akshay Kumar Mandal

3. Mithilesh Kumar Mandal .... .... .... Petitioners Versus

1. The State of Jharkhand

2. The Commissioner, Santhal Pargana Division

3. The Deputy Commissioner, Santhal Pargana Division

4. The Charge Officer, Survey Settlement Santhal Parganas Dumka

5. The Assistant Settlement Officer, Godda

6. Meera Devi

7. Pramila Devi .... .... .... Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioners: Mr. Mukesh Kumar Mehta, Advocate Mr. Prem Mardi, Advocate For the State : Mr. Mihir Kunal Ekka, AC to SC I

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Order No.05 / Dated : 05.10.2023 Instant petition has been filed for quashing the order passed by the Commissioner, Santhal Pargana Division (respondent no.2) in Second Appeal No.1 of 2005 whereby the appeal filed by the private respondents have been allowed and the judgment and decree passed by the Charge Officer, Dumka in Title Appeal No.52 of 1988 dated 16.03.2005, has been set aside.

During the course of argument, it has been admitted by learned counsel on behalf of petitioners that review petition has been preferred before the learned Commissioner against the impugned order being Review Revision No.50/2022-23.

Under the circumstance, instant writ petition is not maintainable. The writ petition is disposed of with direction to the respondent no.2 to dispose of the review petition preferred by the petitioners within a period of two months from the date of receipt of this order.

Learned Court below will not be prejudiced by the order of this Court.

(Gautam Kumar Choudhary, J.) Anit