- (1.) THE petitioner is aggrieved against the order passed by the Deputy Commissioner, Ramgarh in Misc. Appeal No. 28 of 2011 (Annexure -10).
(2.) ACCORDING to the petitioner, L.R.D.C., Ramgarh illegally and arbitrarily had recommended for cancellation of zamabandi of land, running in the name of petitioner in respect of land of Plot No. 549, under Khata No. 1 of Mouza Tewardag, Thana No. 158, P.S. -Ramgarh, measuring 15.25 acres. After recommendation he has forwarded the record to the S.D.O., Ramgarh. Aggrieved by the said order of the L.R.D.C., Ramgarh, the petitioner had filed an appeal before the' Deputy Commissioner, Ramgarh. By the impugned order he has observed that the record has been forwarded to the S.D.O., Ramgarh for further action and the petitioner can approach the S.D.O., Ramgarh and produce all evidences. The Deputy Commissioner, Ramgarh did not admit the appeal of the petitioner. It has been submitted that since the S.D.O., Ramgarh has got no power to cancel the running zamabandi, the Deputy Commissioner, Ramgarh could have intervened and set aside the order passed by the L.R.O.C., Ramgarh. The Deputy Commissioner instead has refus'ed to admit the petitioners appeal and directed the, petitioner to appear before the S.D.O., Ramgarh. The order is wholly illegal and without jurisdiction. '
(3.) LEARNED J.C. to S.C. (L&C) opposed the writ petition and submitted that since the matter has been referred to the S.D.O., Ramgarh, the petitioner should have appeared before the S.D.O., Ramgarh but instead, the petitioner preferred appeal before the Deputy Commissioner" Ramgarh, which is not maintainable. The matter is still subjudice before the S.D.O., Ramgarh and no interference was warranted by the Deputy Commissioner, Ramgarh at that stage. The petitioner's appeal has been rightly dismissed by the impugned order (Annexure -10).;