GHANSHYAM PANDIT AND OTHERS Vs. COMMISSIONER OF BHAGALPUR DIVISION AND OTHERS

JUDGEMENT

(1.) This writ application is directed against the orders dated 23.8.1979 passed by the respondent No. 3, 22.8.1980 passed by the respondent No. 2 and 23.3.1982 passed by the respondent No. 1 and as contained in Annexures 3, 4, and 5 to the writ application respectively. The respondent Nos. 1, 2 and 3 by reason of the aforementioned order in purported exercise of their powers conferred upon them under Sec. 32 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (hereinafter referred to as the Act) issued a direction to the effect that the petitioners be evicted from certain agricultural lands.

(2.) The facts of the case lie in a very narrow compass and are not much in dispute.

(3.) The land in question comprising of plot Nos. 29, 439, 608 and 616 of mouza Gundalia within Dumka Sub -Division in the district of Santhal Parganas were settled in favour of the petitioner in the years 1935, 1944 and 1950. The respondent Nos. 4 and 5 purported to be aggrieved by and dissatisfied with the said settlement filed an application before the Sub -Divisional Officer, Dumka whereby and whereunder it was prayed, inter alia, that the settlement made in favour of the petitioner by village Pradhan be cancelled and the same be settled in favour of the said respondents. The said application is contained in Annexure 1 to the writ application. The aforementioned application was numbered as S.R. Case No. 159 of 1978 -79.