R.K. Merathia, J. - (1.) HEARD learned counsel appearing on behalf of the petitioners. Mr. Pradip Modi appearing on behalf of the State and Mr. Sunil Kumar appearing on behalf of the Respondents No. 3 and 4 (hereinafter referred as the private respondents).
(2.) THE petitioners have challenged the order dated 24.7.2000 (Annexure 4) passed by the Commissioner, South Chota Nagpur, Ranchi in Gumla Permission Appeal No. 288/97 disposing of the revision application filed on behalf of the Respondents No. 3 and 4. In the said order Commissioner has held that the deed of gift made by the petitioner No. 1 in favour of petitioners No. 2, 3 and 4 was against the customary law and the same was executed in hurry without waiting for the statutory, period prescribed for filing revision and the result of such revision. Thus he directed the revenue authorities not to recognize the deed of gift in question. He further annulled the order of mutation based on the said deed of gift and observed that the writ petitioners will be entitled to use the land of her share till her death. Learned counsel for the petitioners submitted that the said impugned order is wrong. It is submitted that the Respondents No. 3 and 4 took the point regarding the customary law of the parties for the first time before the revisional Court. It is further submitted that the petitioners are no longer members of Scheduled Tribe arid they are Hinduised and thus guided by Hindu Succession Act and not the local customary law of Scheduled Tribes and she is entitled to gift the properties, which she got under partition, to her daughters.
(3.) IT is further submitted that it was not necessary for the petitioners to wait for the statutory period prescribed for revision and the order which may be passed by the revisional authority, if any, before executing the deed of gift. It is further submitted that similarly the order directing the revenue authorities not in recognize deed of gift and annulled the mutation based on the said deed of gift is wholly without jurisdiction.;