1. Heard Mr. Rajeeva Sharma, Senior counsel assisted by Mrs. Rita Kumari, counsel appearing on behalf of the petitioners.

2. Heard Mr. Mayank Mohit Sinha, counsel appearing on behalf of respondent nos. 6,8,9,10,13 and 14.

3. Heard Mr. Kaustav Panda, counsel appearing on behalf of respondent-State.

4. This writ petition has been filed for the following reliefs:-

A. “The order dated 24.7.2006 (Annexure-5) passed by the learned Commissioner, Santhal Parganas Division, Dumka in RMR No. 87/91-92 upholding the order dated 04.09.1991 (Annexure-4) passed by the Charge Officer No. 1, Dumka in RER No. 9/1988, whereby the order dated 1.11.1985 (Annexure-3) passed by the Assistant Settlement Officer (Respondent no. 4) in RE Case No. 4/884 and 5/885 of 1985 of Mouza-Bichkore was confirmed.

B. This Hon’ble Court may be pleased to hold and declare that the lands in question inherited by Devla Soren daughter of Mangal Soren (RT) by virtue of her marriage in ‘Gharjamai’ developed on her two sisters (mothers of the petitioners) as Devla Soren died issueless, and further that the lands were gifted to them by their father;”

5. Counsel for the petitioner submits as under:-

i. The property involved in this case is lands of JB No. 41 of Mouza-Bichkore in the District of Dumka which was originally recorded in the name of Mangal Soren and Padum Soren. Mangal Soren had no male issue and had three daughters namely Dewla, Jowa and Singo. Mangal Soren had married his three daughters in ‘Ghar-jamai’ form and all his three daughters have been given equal share in the property of Mangal Soren and they were cultivating the land separately.

ii. During his life time, Mangal Soren applied for granting permission for making gift of his share of property to all the three daughters. Initially petition dated 19.11.1960 was filed wherein in was clearly mentioned that Mangal Soren had married all his three daughters in Ghar-Jamai form, but in the prayer, there was certain error and accordingly another petition dated 5.5.1961 was filed rectifying the error and prayer was made seeking permission to gift the property to all the three daughters who were married in ghar jamai form. This case was registered as Revenue Misc. Case No. 83/1960-61 and vide order dated 29.06.1961, the Sub Divisional Officer granted permission for gifting his property to his three daughters. Prior to passing the order, Jamabandi raiyats i.e 16 anna raiyats were heard in the matter and there was no objection on their part. However, inspite of permission, Mangal Soren could not execute gift deed in favour of his three daughters and expired, but his three daughters continued to separately possess and cultivate the property.

The counsel submits that even rent receipts were separately issued by the state with respective shares to all the three daughters.

iii. Thereafter Devla Soren, the eldest daughter died issueless and specific case of the petitioners is that upon death of Devla Soren, the land of Mangal Soren devolved on two remaining daughters of Mangal Soren i.e. Jowa Soren and Singo Soren who are the mothers of two writ petitioners. He submits that at “Khanpuri” stage of survey, name of all the three daughters of Mangal Soren were entered in the corresponding new Jamabandi no. 21 , but the respondents objected against the entry which led to initiation of R.E. Case Nos. 4/884 and 5/885 of the year 1985 in the court of Assistant Settlement Officer who passed the order dated 01.11.1985 against the petitioners. The petitioners filed an application for reversion before the settlement officer and the matter was transferred to the charge officer-I. When the matter came up before the Charge Officer, registered as R.E.R. Case No. 9/1988 , the said authority rejected the application vide order dated 04.09.1991. Against this order, the petitioners filed revision being R.M.R. Case No. 87/91-92 before the Commissioner, Santhal Pargana Division, Dumka who vide impugned order dated 24.0