The settlement claim must be substantiated with relevant documents in a summary proceeding.

JUDGMENT :

1. The instant writ petition is under Article 226 of the Constitution of India wherein following prayers have been made :

(i) to quash the notice issued by the Sub-Divisional officer, Pakur (Anexure-1);

(ii) to quash the order dated 01.06.2012 (annexure-2) passed by the Deputy Commissioner, Pakur in RMP Case No.01/2012;

(iii) to quash the appellate order dated 14.03.2013 (Annexure-7) passed by the Commissioner, Santhal Pargana Division, Dumka in R.M.R. No.512/12-13,

whereby and whereunder, the respondent authorities initiated a proceeding against the petitioners under Public Land Encroachment Act vide Revenue Misc. Case No.04/2012-13 for eviction from plot no.675 and during pendency of the said proceeding, the learned Sub-Divisional Officer, Pakur issued a letter no.201/D.B. dated 30.05.2012 to the Deputy Commissioner of Pakurwith a recommendation to cancel the settlement of the aforesaid plot with the petitioners ancestors and for taking steps for their eviction.

2. The brief facts of the case as per the pleading made in the writ petition, which is required to be enumerated, read as under:

It is the case of the petitioner that the last settlement of plot no.675 appertaining to Anabadi Khata No.121 of the mouza Pakuria within Pakuria P.S. came to be recorded as Puratan Patit (Waste Land) of the mouza and such waste land were/are available for settlement with the deserving raiyats as per clause 16 of the record of right and such lands were governed by Regulation 3 of 1872 of the Santhal Parganas Settlement Regulation, 1872.

The mouza Pakuria was under the proprietorship of Maheshpur Raj and the Zamindar (Proprietor) having the rights to make raiyati settlement of waster lands had made raiyati settlement of 01 bigha 07 katha 17 dhurs of land within plot no. 675 with Sarbeshwar Sahu, Gopeshwar Sahu and Hare Krishna Sahu in the year 1937 prior to coming into force the act of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, hereinafter referred to as the Act, 1949.

According to the petitioner, the plot no.675 was rocky and uncultivable land and under such circumstances the ancestors of the petitioners made a reservoir over a portion of the said plot and made few structures over the same and also kept paying the rent for the said land to the zamindar.

The petitioners and ancestors of the proforma respondents received a notice from the office of the Sub-Divisional Officer, Pakur in connection with an eviction proceeding under Public Land Encroachment Act vide Revenue Misc. Case No.04/2012-13 in which these petitioners along with the proforma respondents were directed to file their show cause against their eviction from the plot no.675.

The proforma respondents had appeared before the Sub-Divisional Officer, Pakur in connection with the eviction proceeding under the Public Land Encroachment Act vide Revenue Misc. Case No.04/12-13 but during pendency of the said proceedings, the S.D.O., Pakur sent a letter being letter no.201/D.B. dated 30.05.2012 with a recommendation to cancel the settlement of the plot no.675 with the petitioners ancestors and for taking steps for the eviction of the petitioners from the said plot and on that basis Revenue Misc. Petition No.01/2012 came to be registered in the court of the learned Deputy Commissioner of Pakur.

It is the further case of the petitioner that during pendency of the aforesaid proceeding, ex-parte enquiry reports vide letter no.199/R dated 02.05.2012 and letter no. 193/R dated 30.04.2012 of the circle officer were being sent to the Deputy Commissioner of Pakur in which it was reported that in Register-II names of Sarbeshwar and others has been recorded with respect to the plot no.675 and rent for this land is also being realized by the State, however, it was falsely and incorrectly reported that a portion of the plot has been transferred to some others.

It is the further case of the petitioner that the petitioners and the proforma respondents were not being noticed from th