- (1.) Heard Counsel for the parties.
(2.) The petitioner in this writ application has prayed for quashing the order dated 24.02.2004 passed by the Divisional Commissioner, S.P. Division, Dumka in R.M.A. No. 375/1986-87 whereby after disagreeing with the findings of Settlement Officer in his order dated 18.12.1986 passed in M.P. Case No. 43/1983, to the effect that the land covered by Jamabandi No. 13 of Mourya Sahjana recorded in the name of two widows was in fact Fouti and the appellants/private respondents herein, were not the heirs of the recorded tenants of the two widows, the Divisional Commissioner had allowed the appeal of the private respondents.
(3.) The admitted facts of the case is as follows: The lands covered by Jamabandi No. 13 of Mourya Sahjana was recorded during the last survey settlement operation in the names of two widows namely Most Mandodri Devi widow of Sitabi Ojha and Most Nunawati Devi widow of Loknath Ojha. The present petitioner along with other 16 Anna Raiyats of Mouza Sahajana within P.S. Ramgarh filed a Miscellaneous Petition vide M.P. Case No. 43/1983 claiming settlement of the land in his name on the ground that erstwhile recorded tenants namely the two widows had died issueless and after their death, the land had become Fauti and the petitioner has been in cultivating possession of the land ever since after the death of the recorded tenants. In the settlement case, the respondents had appeared and had offered their contest claiming that they were the reversioners and had right to the properties left behind by the recorded tenants namely the two widows and upon such claim, had asserted their legal right and title over the land in question while denying and disputing the petitioner's claim that the land was Fauti.;