JUDGMENT :

1. Heard, learned counsel for the petitioners, Mr. D. C. Mishra, learned counsel for the State, Mr. P.C.Roy, S.C.(L&C)-I, learned counsel for the respondent no.5, Mr. Peeyush Krishna Choudhary and learned counsel for the respondent no.6, Mr. Rajesh Lala.

2. Both writ petitions arising out of common order, as such, are being heard together and disposed of by this common judgment.

3. Learned counsel for the petitioner has filed interlocutory application vide I.A. No.5169/2021 in W.P.(C) No.5118/2012 to substitute the legal heirs of respondent no.5, Jaibir Prasad Bhagat, S/o of Late Laxmi Narayan Bhagat, who died on 05.12.2018 leaving behind following legal heirs :-

5(a) Dewaker Pd. Jaiswal, S/o Late Jaibir Prasad Bhagat

5(b) Prabhakar Prasad, S/o Late Jaibir Prasad Bhagat

5(c) Narendra Kumar, S/o Late Jaibir Prasad Bhagat

5(d) Sanjay Kumar, S/o Late Jaibir Prasad Bhagat

5(e) Manoj Kumar, S/o Late Jaibir Prasad Bhagat

All R/o Village- Mohanpur, P.O. + P.S.- Mahagama, District-Godda.

4. Learned counsel for the respondent no.5, Mr. Peeyush Krishan Choudhary has submitted that he appears on behalf of the proposed legal heirs of respondent no.5 and permissions may be accorded to substitute the same.

5. Accordingly, the I.A. No.5169/2021 is allowed.

6. Office is directed to substitute the name of substituted legal heirs of respondent no.5 as 5(a), 5(b), 5(c), 5(d) & 5(e) in course of the day.

7. Learned counsel for the petitioners has submitted that another interlocutory application has been filed vide I.A. No.5170/2021 in W.P.(C) No.6675/2012 for substituting the legal heirs of respondent no.6, Bishwanath Bhagat, S/o Late Hari Bhagat, who died on 23.03.2017 leaving behind following legal heirs:-

6(a) Binod Jaiswal, son of Late Bishwanath Bhagat

6(b) Krishna Nand Jaiswal, son of Late Bishwanath Bhagat, who died leaving behind his sons namely:-

6(b) (i) Vikash Jaiswal, son of Late Krishna Nand Jaiswal

6(b) (ii) Vijoy Jaiswal, son of Late Krishna Nand Jaiswal

6(b) (iii) Rajiv Kumar, son of Late Krishna Nand Jaiswal

6(b) (iv) Kundan Kumar, son of Late Krishna Nand Jaiswal

6 (c) Murli Prasad Jaiswal, son of Late Bishwanath Bhagat, who also died leaving behind his two sons namely:-

6(c)(i) Nawal Kishore, son of Late Murli Prasad Jaiswal.

6(c) (ii) Phrabhat Kumar, son of Late Murli Prasad Jaiswal.

All resident of Mohanpur, P.O. + P.S.- Mahagama, District- Godda.

Accordingly, the I.A. No.5170/2021 is allowed.

Office is directed to implead the name of substituted legal heirs as respondent nos.6(a), 6(b),6(b)(i), 6(b)(ii), 6(b)(iii), 6(b)(iv), 6(c), 6(c)(i) and 6(c)(ii).

8. Learned counsel for the petitioner has submitted that petitioner has prayed for quashing the order dated 27.06.2012 passed by Commissioner, Santhal Pargana Division, Dumka in R.M.R. No.67/2008-09, whereby the respondent no.1, who has preferred the revision application of the private respondent nos.5 & 6 without considering the provision of Section 25(3) of Sonthal Parganas Settlement Regulation, 1872 as earlier the predecessor of the present Commissioner had himself while passing order dated 28.11.2005 had relied upon Section 25(3) of the Regulation for remanding the matter to the Settlement Officer, Dumka, which was affirmed by this Hon’ble Court, as writ petition vide W.P.(C) No.4150/2006 has been dismissed as withdrawn vide order dated 05.09.2006.

9. Learned counsel for the petitioner has submitted that earlier order passed by the Commissioner dated 28.11.2005 remanding the matter before the Settlement Officer, Dumka was justified and subsequent thereto the Settlement Officer, Dumka has heard these matter in Settlement Correction Case No.126/2006 and 127/2006. The Settlement Office, Dumka has recorded in page no.80 of the impugned award running page- 108 that:- “the issue of right and title has been left untouched because the petition is related with Jamabandi and settlement correction” and against the said order the petitioner has preferred R.M.R. Case No.67/2008-09, which was heard