U. P. Singh, J.

1. In this writ application the petitioner has challenged the order of the Sub-divisional Officer dated 10-10-1979 contained in Annexure-1 of the supplimentary affidavit, whereby the petitioner has been evicted from the raiyati land in question. The order was passed by the Sub-divisional officer in the purported exercise of his jurisdiction under Sec.42 of the sanlhal Pargana, Tenancy (Supplimentary Provision) Act, 1949. Sec.42 reads as under :

"effectment of a person in unauthorised possession of agricultural land. The Deputy Commissoner may at any time either on his own motion or on an application made to him pass an order for objectment of any person who has encroached upon, re-claimed, acquired or come into possession or an agricultural land in contravention of the provisions of this Act or any law or anything having the force of law in Santhal Pargana. "

2. The Santhal Pargana Tenancy (Supplimentary) Rules, 1950 which proacriben a proceedure under Rule 13 which are to be followed by the courts in dealing with the application, and other proceedings under the said Act, as it reads as follows :

"the Deputy Commissioner may hold a court for hearing and dete