JUDGMENT :

(Sujit Narayan Prasad, J.) :

The instant intra-court appeal, preferred under Clause-10 of Letters Patent, is directed against the order/judgment dated 09.05.2018 passed by the learned Single Judge of this Court in W.P.(C) No.1597 of 2007, whereby and whereunder the writ petition was dismissed declining to interfere with order dated 16.01.2007 passed by Commissioner, Santhal Pargana, Dumka in Rev. Misc. Appeal Case No. 100/2005-06, by which the appeal filed on behalf of petitioner has been rejected; and also for quashing order dated 27.02.2006 passed in R.M.A Case No. 33-1997-98 by the Deputy Commissioner, Dumka by which the case preferred by the respondents against order passed by the Sub Divisional Officer, Dumka in R.E. Case No. 53/1995-96 was allowed.

2. The brief facts, as per the pleadings made in the writ petition, read as under:

The land situated at plot No. 184 area 1 Bigha 5 Katha 17 dhurs, Plot No. 60 area 16 Katha 10 dhurs and Plot No. 61 area 9 Katha 10 dhurs was settled by the ex-landlord vide Patta No. 46 dated 31.12.1944 with Katki Mian, the father of the petitioner-appellant, after the recorded tenant abandoned the land. The father of the petitioner came in peaceful possession of the said land and his name was mutated vide Mutation Case No. 9 of 1991-92 and has duly been entered in Register-II.

Further, another portion of land situated at plot no. 184 area 1 bigha 12 katha was donated by danpatra vide Bhodan Danpatra dated 07.05.1962 under the provisions of Bihar Bhoodan Yagna Act, 1954 [hereinafter referred to as ‘Act, 1954’], which was confirmed vide order dated 19.08.1987 after due enquiry in Bhoodan Case No. 1986-87. Thereafter, mutation was also done in connection with the said property vide Bhoodan Mutation Case No. 3 of 1988-89 and the petitioner remained in peaceful possession over the same.

But the private respondents filed a petition under Section 42 of the Santhal Pragana Tenancy (Supplementary Provisions) Act, 1949 for restoration of aforesaid lands, which was numbered as R.E. Case No.53 of 1995-96 and accordingly, notice was sent to the father of the petitioner and after considering the show cause the Sub Divisional Officer rejected the petition of the recorded tenant vide order dated 23.08.1997, against which, the private respondents filed appeal being R.M.A. Case No. 33 of 1997-98 before the Deputy Commissioner, Dumka who set aside the order passed by the Sub Divisional Officer, Dumka and cancelled the settlement of the father of the petitioner vide order dated 27.02.2006 ordering for restoration of the land in question.

Being aggrieved with the order passed by the Deputy Commissioner, Dumka, the petitioner preferred revision being Rev. Misc. Appeal No. 100/2005-06 before the Commissioner, Dumka which was dismissed vide order 16.01.2007.

The writ petitioner being aggrieved with the order passed by the revenue authorities approached this Court by filing writ petition being W.P.(C) No. 1597 of 2007, which was dismissed holding that since there is consistent finding of the appellate authority as well as revisional authority that patta of the year 1994 as well as property claimed to have been obtained by way of danpatra under the Act of Bihar Bhoodan Yagna Act, 1954 are collusive document, this Court does not find any perversity or illegality in the impugned orders passed by the appellate as well as revisional authority, against which, the instant intra-court appeal has been preferred.

3. Mr. Atanu Banerjee, learned counsel being assisted by Mr. Durga Charan Mishra, learned counsel for the appellant has submitted that lis is related to two chunks of land.

First pertains to the land which was settled under the provisions of Bihar Bhoodan Yagna Act, 1954 so far it relates to the land of plot no. 184 area 1 bigha 12 katha, which was donated vide Bhodan Danpatra dated 07.05.1962 and thereafter the said Bhodan Danpatra was confirmed vide order dated 19.08.1987 after due enquiry made in Bhoodan C