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 and Umesh Prasad Mandal. After the death of Mohan Lal Mandal, Petitioner Ghanshyam Mandal his step mother Most Budhani Devi and the other son of Mohan Lal MandaI, namely. Umesh Prasad Mandal, started claiming their appointment on the post of Pradhan.

The Circle Officer, Godda being a Landlord as per Section 6 of the Santhal Pargana (Supplementary Provisions) Act, 1949 (herein after to be referred as 'the Act') submitted his report before the Sub Divisional Officer that Ghanshyam Mandal, being the eldest son of late Mohan Lal Mandal, be appointed as Pradhan. The Sub Divisional Officer after hearing all the parties, by his order dated 6.8.1989 held that in view of the dispute between Ghanshyam Mandal and Umesh Pd. Mandal that who is the eldest son of late Mohan La1 Mandal, it was difficult to appoint any of them. Therefore the appointed Most. Budhani Devi wife of late Mohan Lal Mandal as a Pradhan of the village.

The order of the Sub Divisional Officer was challenged by Ghanshyam Mandal be fore the Deputy Commissioner. Godda. At the same time it was also challenged by Baisakhi Harijan, one of the raiyat of the Village. The Deputy Commissioner after hearing the parties affirmed the order of the Sub Divisional Officer, appointing Budhani Devi as Pradhan.

The parties, aggrieved by the order of the appellate authority, preferred revision before the Commissioner, who also agreed with the findings, recorded by the Sub Divisional Officer and Deputy Commissioner, and held Budhani. Devi being one of the heirs of late Pradhan, was legally entitled for appointment as Pradhan as per the provisions of Section 6 of the Act.

From the materials, placed before us, there is no doubt that Ghanshyam Mandal and Umesh Pd. Mandal are the sons of late Mohan Lal Mandal. At the same time, it has also been established that Most. Budhani Devi is also one of the wives of late Mohan Lal Mandal. Learned counsel appearing for the petitioner Ghanshyam Mandal, while referring different documents, just as the report of the Anchal Adikari, certified copies of the voter lists of the year, 1975-76 and 1984, which are placed on the record, pointed out that Ghanshyam Mandal was the eldest so of late Mohan Lal Mandal. Besides the aforesaid, he has also pointed out a copy of the affidavit, duly sworn by late Mohan Lal Mandal during his lifetime. To show that the petitioner is his eldest son He further stated that there are reports of Sarpanch, Assistant Settlement Officer, which would establish that petitioner Ghanshyam MandaI was working a Karparta of late Mohan Lal Mandal during his life time.

On the other hand, learned counsel appearing for Most Budhani Devi as well as Umesh Prasad Mandal, tried to establish their case that Ghanshyam Mandal was not the eldest son. In fact, it is Umesh Pd, Mandal,