Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the following prayers have been made:- "(i) For quashing the order dated 03.10.2013 (Annexure-12) passed by Learned Divisional Commissioner, S.P. Division at Dumka, whereby and whereunder R.M.A. No.67/09-10 filed by petitioner against the order dated 29.4.09 passed by the Deputy Commissioner, Dumka in P.D. Case No.78/03-05 has been dismissed. (ii) For quashing the order dated 29.04.2009 (Annexure-7) passed by the Deputy Commissioner, Dumka in P.D. Case No.67/09-10 whereby and whereunder by the aforesaid order the petitioner has been dismissed from the post of Village Pradhan confirming the order passed by Learned Sud Divisional Officer, Dumka in Pradhani Dismissal Case No.78/2004-05. (iii) For quashing of the order dated 06.12.2007 (Annexure-6) passed by Learned Sub Divisional Officer, Dumka in Pradhani Dismissal Case No.78/2004-05, whereby and whereunder Learned Sub Divisiona Officer, Dumka has recommended for dismissal of petitioner from the post of Village Pradhan in view of proposal submitted by the Circle Officer, Jama, District-Dumka."
(2.) The petitioner who had been appointed as village headman under the provision of Santhal Pargana Tenancy Act by virtue of the procedure laid down therein under Schedule-V sometime in the year 1993 and thereafter he was continuing as headman of the village but on an enquiry it was found that he is involved in irregularity of cultivating the land wherein a proceeding under Section 144 of Cr.P.C. has been initiated. Due enquiry was conducted by the Circle Officer and the said report was referred before the Sub-Divisional Officer, who after conducting a thorough enquiry has recommended for dismissal of the petitioner as headman and forwarded it before the Deputy Commissioner, who after agreeing with the said recommendation has dismissed the headman against which the petitioner has filed revision before the Commissioner, South Chotanagpur Division, Dumka. The said revision application was disposed of vide order dated 07.01.2012 passed in R.M.A. No.67/09-10 against which the petitioner has preferred a writ petition before this Court being W.P. (C) No.4539 of 2012 and this Court after considering the submission/ground agitated by the petitioner has quashed the order passed by the Divisional Commissioner under the revisional jurisdiction and remitted it before the Commissioner for fresh hearing, consideration and disposal of the said appeal in accordance with law. In pursuance thereto, Commissioner has passed a fresh order on 03.10.2013 confirming the order passed by the Deputy Commissioner by disallowing the writ petition which is impugned in this writ petition.
(3.) The petitioner has agitated the ground in assailing the aforesaid order that there is no proper consideration of the response submitted by the petitioner and the irregularity as has been levelled against the petitioner regarding cultivating the agricultural field of a land which is being claimed by the respondent No.5 as his own land.;