JUDGMENT :

The writ petition is taken up today through Video conferencing.

The present writ petition has been filed for quashing the order dated 07.06.2021 (Annexure-4 to the writ petition) passed by the respondent no. 3 – the Sub-Divisional Officer, Pakur in R.E.R. Case No. 05/2021-22, whereby the petitioner has been ejected from the land appertaining to Dag No. 605, Jamabandi No. 22, Mouza Shaharkol, measuring an area of 3 Kattha, exercising power under Section 42 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949.

2. Mr. R.S. Mazumdar, learned Senior Counsel for the petitioner, submits that the land appertaining to Dag No. 605, Jamabandi No. 22, Mouza-Shaharkol, measuring an area of 8 bigha 14 kattha and 5 dhoor was recorded in the name of Marwari Rai in the last survey of record of rights. After demise of the recorded tenant, his only son namely, Dukhu Rai came in possession of the said land, who died leaving behind his only son namely, Jantri Rai. After the death of Jantri Rai, his widow namely, Reshmi Devi being exclusive owner of the same, gifted 03 kattha of the said land to the mother of the petitioner namely, Lal Mani Devi vide affidavit dated 16.03.2005. S