Anubha Rawat Choudhary, J. - (1.) Heard Mr. Durga Charan Mishra, counsel appearing on behalf of the petitioner.
(2.) Heard Mr. Ashish Kumar Thakur, A.C. to S.C. (L &C) appearing on behalf of the respondent state.
(3.) This writ petition has been filed for the following reliefs:- (i) For issuance of direction upon the respondent no. 2 not to make construction for government use or need if any on the plot of land measuring 2 acres within Khata No. 54 being part of Dag No. 369 Mouza Katanki, District-Jamatara which was duly settled in favour of the petitioner's father namely Late Panchu Hembrom in accordance with law. (ii) Further prayer has been made for quashing of the order dated 13.03.2003 passed in R.M. Case No. 3 of 2002-03 by the respondent no. 3 whereby and whereunder the aforesaid settlement has been cancelled after 33 years of settlement even without proper appreciation of relevant provision of law as laid down under Section 33 of the Santhal Pargana Tenancy (Supplementary Provisions) Act 1949 which is the only provision for setting aside the settlement of waste land if not cultivated within 5 years. (iii) For issuance of direction upon the concerned respondent to reconsider their decision to use the land in question for construction of government offices etc. in view of the fact that the petitioner was dependent upon the plot of land in question for his livelihood. (iv) For issuance of direction upon the concerned respondent to compensate the petitioner either by allotting a suitable alternate plot of land or making payment of some monetary compensation. ;