ORDER :

The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 29.06.2022 passed by learned Single Judge of this Court in W.P.(C) No.1657 of 2008 by which the writ petition has been dismissed declining to interfere with the order dated 07.03.2008 passed by the Commissioner, Singhbhum (Kolhan) Division, Chaibasa in Misc. Revision No.4/08 affirming the order dated 08.02.2007 passed by Deputy Commissioner, Singhbhum East passed in Misc. Appeal No.36 of 2006-07 by which the order dated 22.11.2005 passed by the D.C.L.R., Dhalbhum, Jamshedpur, settling a piece of land in Mouza-Ghorabandha, Thana No.1195, Khata No.121, Plot No.975, Area – 0.05 acre in favour of the petitioner was reversed.

2. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-

It is the case of the writ petitioner that he is residing in Jamshedpur for last 35 years and constructed a house in Plot No.975, Khata No.121, Area- 5 decimals in Village – Ghorabandha, District- East Singhbhum. The petitioner’s name has also been entered into voter list of Jugsalai assembly in the year 1975 and since then is continuing. He belongs to backward class and filed an application before the Circle Officer, Jamshdepur to settle the land of Plot No.975, Khata No.121, Area-5 decimals in Village- Ghorabandha, District- East Singhbhum in his favour. Thereafter, the Circle Officer, Jamshedpur invited the objection and the original respondent No.6, Smt. Pano Mahatani, who was already in possession of 2.50 Acres of land, only to harass the petitioner filed an objection. During pendency of the writ petition, Smt. Pano Mahatani, W/o Late Karna Mahato died leaving behind her son Ashok Mahato and her daughter Smt. Baisakhi Mahatani, who were substituted on record of this writ petition.

It is the case of the petitioner that earlier a proceeding was initiated against him under Public Land Encroachment Act in the High Court in which direction was passed upon the respondents to consider the case of the petitioner for alternative arrangement by settlement. The Circle Officer, Jamshdepur in its order dated 22.11.2005 passed in Settlement Case No.15/2005-2006 had recorded that the High Court of Jharkhand had directed that after removal of the Khatal, the State should consider the alternative arrangement for concerned persons and thus the Circle Officer, Jamshedpur after inviting objection had recommended to settle the land with the petitioner. Smt. Pano Mahatani filed appeal being Misc. Appeal No.36/2006-07 before the Deputy Commissioner, Jamshedpur, East Singhbhum against the order passed by the Circle Officer dated 22.11.2005.

The Deputy Commissioner, vide its order dated 08.02.2007 in Misc. Appeal No.36/2006-07, set aside the order dated 22.11.2005 passed by the Circle Officer. Against the aforesaid order of the Deputy Commissioner, the writ petitioner filed revision before the Commissioner, Singhbhum (Kolhan) Division, Chaibasa by filing Misc. Revision No. 4/2008.

The said revision was dismissed vide order dated 07.03.2008 affirming the order passed by Deputy Commissioner, Singhbhum East dated 08.02.2007 in Misc. Appeal No.36 of 2006-07.

Being aggrieved, the writ petitioner approached this Court by filing writ petition being W.P.(C) No.1657 of 2008 challenging the order dated 07.03.2008 passed by the Commissioner, Singhbhum (Kolhan) Division, Chaibasa in Misc. Revision No.4/08 affirming the order dated 08.02.2007 passed by Deputy Commissioner, Singhbhum East passed in Misc. Appeal No.36 of 2006-07 by which the order dated 22.11.2005 passed by the Circle Officer, Jamshedpur, has been reversed.

The learned Single Judge, after considering the argument advanced on behalf of the parties, has dismissed the writ petition, against which the present intra-court appeal has been preferred.

3. Mr. Dhananjay Dubey, learned counsel appearing for the writ petitioner-app