Aparesh Kumar Singh, J. - (1.) Heard counsel for the petitioner and the State. Settlement of land on Plot No.815 area 7 Katha 17 Dhurs in Mauza Gadi Koraiya part of Khata no.47 in favour of the petitioner was recommended by the Circle Officer, Dumka on 14th September, 1985 vide Annexure-1 in S.R. Case No.212/1985-86. The Sub-Divisional Officer, Dumka, however, rejected the prayer of petitioner for settlement in S.R. Case No. 212/1985-86 vide order dated 30th March 1987. Petitioner lost in Revenue Misc. Appeal No.101/1987-88 vide order dated 1st February 1995 passed by the Deputy Commissioner, Dumka. The Revenue Misc. Revision No.28/1996-97 preferred by him before the learned Commissioner, Santhal Pargana Division, Dumka was also dismissed vide order dated 11th August, 2003. All these orders have been impugned by the writ petitioner.
(2.) Petitioner has sought to base his claim relying upon the report of the Circle Officer, Dumka (Annexure-1) as also settlement of a piece of land of Plot No.811 under the same Khata No.47 in favour of one Sanatan Soren stating that the said land is also recorded as Bari Doyam as per the extract of Khesra of Gantzer Settlement of Mouza Gadi Koraiya no.15, Sardari Circle Dhoria, Sub-Division Dumka.
(3.) It was brought to the notice of the Court during pendency of the writ petition that after rejection of the application of the petitioner for settlement the land in the same plot no.815 was settled in favour of one Sarju Soren against which the petitioner had preferred Revenue Misc. Appeal No.05/2006-07 before the learned Deputy Commissioner, Dumka. In view of the order passed on 5th May, 2016 during pendency of the writ petition, the Revenue Misc. Appeal No.05/2006-07 has been decided by the Deputy Commissioner, Dumka on 27th July 2016, brought on record as Annexure-10 to the supplementary affidavit dated 9th January 2017 filed by the petitioner. On the same grounds the settlement of land in favour of Sarju Soren has been set aside by the Deputy Commissioner, Dumka.;