- (1.) The petitioners, by way of filing the present writ petition under Article 226 of the Constitution of India, have prayed for quashing and setting aside the order dated 18.3.1991 (Annexure-1 to this petition) passed by the respondent Commissioner, Santhal Parganas at Dumka in Revenue Misc. Appeal No. 157/89-90 affirming the order dated 2.9.89 (Annexure-2 to this petition) passed by the respondent Deputy Commissioner, Dumka in Revenue Mis. Revision No. 15 of 1989-90. Heard the learned counsel for the petitioners as well as the learned counsel for the respondents and perused the orders impugned as well as materials placed on record.
(2.) It is the case of the petitioner that the father of the petitioner, namely, Dwarika Nath Mandal had instituted Title Suit No. 72/1991 in the court of Subordinate Judge of Jamtara, Dumka, which is barred under Section 63 of the Santhal Parganas Tenancy (Supplementary Provision) Act, 1949. After disposal of the said suit on the ground of jurisdiction, the petitioners preferred application before the Sub-Divisional Officer, Jamtara, District- Dumka and the said application was disposed of vide its order dated 23.12.1987.
(3.) Being aggrieved and dissatisfied with order dated 23.12.1987, the respondent 16 Anna Raiyat preferred Revenue Misc. Revision being Revenue Misc. Revision No. 15 of 1988-89 before the Deputy Commissioner, Dumka and the said revision application was ordered to be allowed vide its order dated 2.9.1989 and thereto the order passed by the SDO dated 12.12.1987 has been set aside.;