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2021 Supreme(Jhk) 531

RAJESH SHANKAR
Chhoti Mahra – Appellant
Versus
Ishwari Poddar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Niranjan Kumar.
For the Respondent: Mr. A.K. Choudhary.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the order dated 24.07.2018 (signed on 26.07.2018) (Annexure-3 to the writ petition) passed by the Commissioner, Santhal Pargana Division, Dumka in R.M.A. No. 05/2015-16 whereby the order dated 06.09.2014 passed by the Settlement Officer, Santhal Pargana, Dumka in Settlement Miscellaneous Appeal No. 57/2010 has been confirmed and the second appeal preferred by the petitioner against the said order has been dismissed.

2. Learned counsel for the petitioner while challenging the order dated 26.07.2018 passed by the Commissioner, Santhal Pargana Division, Dumka, submits that the same has been passed without providing due opportunity of hearing to the petitioner that too, without assigning any reason.

3. Since the argument of learned counsel for the petitioner is confined to the aforesaid aspect, the factual claim made by the petitioner with regard to the land in question is not required to be mentioned in detail.

4. Learned counsel for the petitioner submits that the respondent No. 1 filed M.P. Case No. 580/2006 in the Court of the Assistant Settlement Officer, Santhal Pargana, Dumka requesting inter-alia

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