JUDGEMENT
AMARESHWAR SAHAY, J. -
(1.) HEARD the parties and with their consent, this writ application is being disposed of finally at this stage itself.
(2.) IN the present writ petition, the petitioner has prayed for quashing of the order contained in Annexure - 6, the Order dated 20.05.2003, passed by the Divisional Commissioner, Santhal
Pargana Division, Dumka in R.M.A. Case No. 14 of 2002 - 03 allowing the Second Appeal filed by
the Respondent No. 4 herein, namely Sogen Murmu and setting aside the Order passed by the
Deputy Commissioner, Pakur contained in Annexure -5 and thereby affirming the Order dated
29.09.2001 passed by the Sub -Divisional Officer, Pakur contained in Annexure -4, whereby, the Sub Divisional Officer appointed the Respondent No. 4 Sogen Murmu as Village Head ("Gram
Pradhan") of village Bichpahar situated within the P.S. - Pakuria of District - Pakur after rejecting
the application of the petitioner for her appointment as "Gram Pradhan". The petitioner has also
made a prayer in this writ petition to quash the Order of the Sub Divisional Officer contained in
Annexure -4.
The facts in brief giving rise to this application are as follows: - The father of the petitioner namely Doman Murmu was admittedly the "Gram Pradhan" of village Bichpahar in the District of W.P.(C)
NO. 3416 OF 2003 Pakur. Since he was not keeping good health because of his old age, he
made an application before the Sub Divisional Officer, Pakur for appointing his eldest daughter i.e.
the petitioner herein, as "Gram Pradhan" of village Bichpahar. Admittedly, the said "Gram
Pradhan" Doman Murmu had no male issue and had only five daughters, amongst them, the
petitioner was the eldest. By Order dated 26.07.1995, the Sub Divisional Officer, appointed the
petitioner as ˜Acting Pradhan' of village Bichpahar during the life time of the father of the
petitioner and since thereafter, she started discharging her duties as "Gram Pradhan".
(3.) ADMITTEDLY , during the life time of her father, the petitioner ,got married with one Sonatan Tudu in ˜"Ghar Jamai"' form of marriage prevalent amongst Santhal Tribe. After the said marriage, the
husband of the petitioner Sonatan Tudu became "Ghar Jamai" and he started living in the house
of his father -in -law with the petitioner.;
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