- (1.) The petitioner by way of the present writ petition under Article 226 of the Constitution of India, has prayed for quashing and setting aside the order dated 15th April, 2013 (Annexure - 6), whereby the learned Commissioner, Santhal Parganas Division, Dumka reviewed the earlier order dated 02.06.2012 passed by his predecessor Commissioner in RMR No. - 21 of 2011-12 and cancelled the settlement made in favour of the petitioner way back on 03rd February, 1973 by the Sub-Divisional Officer which was affirmed by Deputy Commissioner vide its order dated 31.08.1976 in Rev. Misc. Appeal No. 9 (A) of 1973-74.
(2.) Heard the learned counsel for the petitioner and the learned counsel for the State and also perused the materials placed on record.
(3.) Brief facts of the case: The brief facts of the case are as under:- That the lands under Khata No. 20, Plot No. - 287 of Mouza - Siktia, District - Godda are recorded as "Waste Land" in Record of Rights. Learned Sub Divisional Officer , Godda settled the aforesaid 4 acres lands in favour of ancestor of the petitioner in Settlement Case No. - 66 of 1972 -73 vide order dated 03.02.1973 for the purpose of establishment of Small Scale Industry. The said settlement order was challenged by '16 Annas Raiyats' before the learned Deputy Commissioner in Rev. Misc. Appeal No. - 9(A) of 1973 - 74 who confirmed the said settlement vide order dated 31.08.1976. After 34 years of settlement, Circle Officer, Godda submitted a report for cancellation of settlement and the same was reported as Settlement Cancellation Case No.- 2/2007-08 but the learned Sub Divisional Officer, Godda dismissed the aforesaid case and reconfirmed the settlement vide order dated 30.08.2007. Again after four years, Circle Officer, Godda initiated a Cancellation Case No.- 43 of 2010-11 and recommended for cancellation of settlement before the Sub Divisional Officer, Godda and the Sub Divisional Officer, Godda in turn passed an order dated 15.03.2011 and thereby recommended for cancellation of the settlement. This recommendation was also approved by Deputy Commissioner Godda on 16.03.2011. On the very next date i.e. on 17.03.2011, Sub Divisional Officer, Godda passed the order for cancellation of settlement (Annexure- 4). Aggrieved by this order, petitioner filed revision before the Commissioner, Santhal Paraganas Division, Dumka being R.M.R. No. - 21 / 2011-12. The said revision was allowed by the Commissioner vide order dated 02.06.2012 (Annexure - 5) and thereby the order of Sub Divisional Officer, Godda, which was approved by the Deputy Commissioner was ordered to be set aside. Against this order, a review petition was filed on behalf of the Circle Officer before the successor Commissioner and the same was allowed vide impugned order dated 15.04.2013 (Annexure- 6). The petitioner being aggrieved and dissatisfied by the said order of the review court filed this writ petition.;