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1994 Supreme(Pat) 419

N.PANDEY, S.K.SINGH
Baisakhi Harijan – Appellant
Versus
Ghanshyam Mandal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Pramod Mishra (in CWJC 12739 of 93) Mr. J.P. Jha (in CWJC 4724/94)
For the respondents: Mr. Krishna Mohan, Mr. J.P. Jha, Mr. Pramod Mishra

ORDER

Both these writ applications have been filed for quashing the order of the Commissioner. Santhal Pargana, dated 22.6.1993, whereby, he has affirmed the orders of the Deputy Commissioner. Passed in R.M. Appeal No. 13 of 1989-90. The prayer is also to quash the order of the Sub-Divisional officer, whereby, he appointed respondent no.6 namely, Most Budhani Devi, wife of Mohan Lal Mandal, as Pradhan of Village Saur Pachisa.

CWJC No. 4724 of 1994 has been filed by one of the sons of late Mohan Lal Mandal, who was the Pradhan of the villager whereas CWJC No., 12793 of 1993 has been filed by Baisakhi Harijan, a resident of the village, with a prayer that the authorities be directed to appoint Pradhan after ascertaining the of views of 60 Annas raiyats. According to him, se neither Most. Budhani Devi (Wife of late Mohan Lal Mandal) nor the sons of late of Mohan Lal Mandai namely, Ghanshyam Mandal and Umesh Prasad, are entitled for appointment as a Pradhan.

It would be appropriate to have a brief survey of some of the facts: Admittedly, late Mohan Lal Mandal was a Pradhan of the village. He died on 13.8.1987, leaving behind his two widows as well as two sons, namely, Ghanshyam Mandal an












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