S.J.MUKHOPADHAYA,J. - (1.) THE writ petition has been preferred by the petitioners against the appellate order dated 23rd May, 2002 passed by the Divisional Commissioner, Santhal Parganas Division, Dumka, in R.M. Appeal No. 142 of 1997/ 98, whereby and whereunder, the order dated 20th June. 1997 passed by Settlement Officer, Dumka in R.E. Case No. 1 of 1997 -98/MP Case No. 53 of 1990 has been set aside.
(2.) THE case of the petitioner is that the lands, in question, were recorded in the last survey settlement in the names of their ancestors, who are Scheduled Tribes. The lands are non -transferable, Jamabandi lands of Scheduled Tribes (Santhals). Its acquisition was made in favour of non -tribal ex -landlord, which was illegal, It appears that out of 8 Bighas, 16 Kathas and 12 Dhurs of lands of Mouza Sarasdangal disputed 6 Bighas, 13 Kathas and 1 Dhur of Raiyati agricultural lands were acquired by the S.D.O., Dumka in L.A. Case No. 5 of 36 -37 in favour of the landlord Noni Gopal Banerjee under Section 25 (A) of Regulation II of 1886 (The Santhal Parganas Rent Regulation, 1886) after following the prescribed procedure and on payment of compensation to the jamabandi raiyat. Therefore, possession of the acquired land was delivered to ex -landlord, Noni Gopal Banerjee through the machinery of the Court. The aforesaid 6 Bighas, 13 Kathas and 1 Dhur of lands was subsequently transferred by the ex -landlord in favour of one Basudeo Bhagat and Ramdeo Bhagat, ancestors of the private respondents by a registered deed dated 25th February, 1938.
(3.) ACCORDING to the Respondents, further 2 Bighas, 3 Katha and 11 Dhurs of lands of Plot No. 437 within J.B. No. 103 was also settled with Basudeo Bhagat and Ramdeo Bhagat by the then landlord by a separate registered Patta Deed No. 255 of 1938. In this way, total 8 Bighas 16 Kathas and 12 Dhurs of land of Mouza Sarasdangal were transferred/settled in favour of Basudeo Bhagat and Ramdeo Bhagat, ancestors of the private respondents for Basuri purpose i.e. for holding a hat over the lands.;