The main legal point established is that the transfer of land to Navodaya Vidyalaya was found to be in accordance with the Santhal Pargana Tenancy Act, and no irregularity or illegality was committed by the respondent-authorities.

1. Present writ petition has been filed under Articles 226 & 227 of the Constitution of India for issuance of an appropriate writ/order/direction for quashing and setting aside the office order dated 7.2.06 issued under memo No.66 sent by Circle Officer, Nala addressing to S.D.O. Jamtara in response to the S.D.O.'s letter No. 39/Go. dated 13.1.06 transferring the land under Mouza-Tambajore, Thana No. 18, Khata No.58, Khesra No.1111, recorded as Puratan Patit, transferring 17.65 acres of land to the Navodaya Vidyalaya Samittee for the establishment of Navodaya Vidyalaya, Jamtara. It is further prayed that appropriate order may be issued to the concerned respondents as to how and under what authority, the concerned respondent has transferred/settled the land in the name of Navodaya Vidyalaya, who is not a raiyat as defined in the Santhal Pargana Tenancy Act. It is further prayed that appropriate order may be passed declaring the land has been transferred /settled by office order dated 7.2.06 issued under memo No.66, in the name of Navodaya Vidyalaya, as null and void as the said transfer is in contravention of Section 28 of the Santhal Pargana Tenancy Act.

2. Brief facts, which have given rise to the present writ petition, are as under:

Petitioners are the recorded jamabandi tribal raiyats of village Tambajore and the said village Tambajore is predominantly a tribal village and agriculture is the only source of income of the villagers of mouza-Tambajore.

According to the petitioners, when some of the raiyats came to know about the said transfer/settlement in the name of Navodaya Vidyalaya, Jamtara, some of the raiyats showed their relevant papers before the S.D.O. Jamtara, but the S.D.O. Jamtara did not consider the said papers of the raiyats and on the other hand, illegally cancelled the pattas of some raiyat, who got valid settlement from the village pradhan for which one R.M.A. Case being R.M.A. Case No. 256/05-6 and R.M.A. Case No. 258/05-06, 259/05-06 was registered. According to the petitioners, they were able to procure the certified copy of the office order dated 7.2.06, issued by Circle Officer, Nala, wherein the Circle Officer, Nala in compliance of the order of the S.D.O. Jamtara has settled the said 17.65 acres of waste land (patit land) of Mouza-Tambajor in the name of Navodaya Vidyalaya Samittee for establishment of Navodaya Vidyalaya, Jamtara.

3. Learned counsel for the petitioners submitted that under the Santhal Pargana Division, waste land (patit land) must be settled to a jambandi raiyat or to a permanent raiyat or to a permanent resident of the village, whose name is there in the record of rights and the said waste land (patit land) in Santhal Pargana Division are village community property of the village committee have joint right over the waste land (patit land) of village vide record of rights. Learned counsel for the petitioners further submitted that under Santhal Pargana Division, there are patit lands, gochar lands, raasta, samsan ghats (burning ghats) and burial grounds and all these are included in 'anabadi khata' and all the lands which are recorded in the anabadi khata are non-transferable in nature and the present land i.e. 17.65 acres of land of village Tambajore, which has been transferred to Navodaya Vidyalaya Samittee and the waste land (patit land) , as such, are the part of the anabadi khata and hence, these lands are non-transferable, according to Santhal Pargana Tenancy Act. It is further submitted that procedure of settling waste land or vacant holdings has been enumerated under Section 28 of the Santhal Pargana Tenancy (Supplementary Provisions) Act, 1949, wherein it has been enumerated that the power has been given to village headman or Murliayat to settle waste land (patit land) or vacant holding with the deserving raiyats and the village headman or Murliyat while making settlement, shall bear in mind the requirement of each raiyat, who has to make distribution fair and equitable and