- (1.) I.A. No. 1320 of 2011 was filed seeking substitution of Maheshwar Marik as legal heir of the deceased writ petitioner and vide order dated 29.01.2013, the said Maheshwar Marik was substituted in place of his father.
(2.) Challenging order dated 05.09.1983 passed by the S.D.O, Sadar in P.D. Case No. 93 of 197990, order dated 11.11.1985 in Misc. Appeal No. 237 of 198384 passed by the Deputy Commissioner, Dumka and order dated 20.08.1990 in Rev. Misc. Appeal No. 420 of 198586 passed by the Commissioner, S.P. Division, Dumka whereby the Original Writ Petitioner (deceased) was removed from the post of "Pradhan", the present writ petition was filed.
(3.) The brief facts of the case as disclosed in the writ petition are that, a proceeding was initiated against the petitioner for removing him from the post of Pradhan on an application given by 16 Annas Raiyats of Basbutia village, Chaturbhuj Marik and 27 other persons. It was alleged that the petitioner amalgamated Gochar No. 200 in his Plot No. 105 and he amalgamated Gochar No. 254 in his Plot No. 252. Similarly, he encroached upon Parti Land No. 202 and amalgamated the same in Plot No. 248. The petitioner made Bandobast of Gochar No. 94 and 110 in favour of one Gopal Rai by way of Patta and he made Bandobast of Gochar Land No. 167 in favour of one Dukhan Mahto for Rs. 200/. Other allegations of irregularities were also levelled against the petitioner. The case of the petitioner is that, one Bibhuti Rai, the previous Pradhan who was dismissed from the post for certain allegations was instrumental in getting complaints filed against him. After the petitioner was appointed Pradhan he asked Bibhuti Rai to vacate the Gochar Land unauthorisedly occupied by him and when he did not vacate certain Gochar Land, a criminal case under Section 426 I.P.C. was filed against the said Bibhuit Rai. Another person namely, Sachin Mehra was set up by Bibhuti Rai. He also filed an application against the petitioner before the S.D.O however, the said application was dismissed on 14.02.1952. The petitioner filed cases against several persons for encroachment upon Gochar Lands and they were ultimately dispossessed from the Gochar Land and due to action taken by the petitioner against the covillagers, they ganged up together against him and levelled false allegations. The allegation of encroachment in Gochar Land No. 200 is not correct. The area of Plot No. 252 belonging to the petitioner was 3.56 which was encroached by his elder brother Hari Marik, for which the petitioner filed a case before Circle Officer, Jarmundi. Similarly, Plot No. 202 was Parti Land and it was encroached by the father of the petitioner. The other allegations were also denied by the petitioner.;