IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

W.P.(C). No.3044 of 2023

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1. Mahendra Mandal

2. Sevakant Mandal

….

….

Petitioners

-Versus-

1. The State of Jharkhand

2. The Commissioner, Santhal Parganas, Dumka

3. The Deputy Commissioner, Deoghar

4. The Sub Divisional Officer, Deoghar

5. The Circle Officer, Devipur, Deoghar

6. Dulari Devi

6.1. Pawan Paswan

6.2. Aman Paswan

6.3. Chhotu Paswan

….

….

Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioners

: Mr. Atanu Banerjee, Adv.

: Mr. S.K. Deo, Adv.

For the Respondents

: Mr. Sarvendra Kr. A.C to S.C. (L&C)-III

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05/Dated: 01^st November, 2023

1.

Heard, learned counsel for the petitioners and the learned counsel for

the respondents.

2.

The present writ petition has been filed by the petitioners for quashing

the order dated 27.03.2021 passed by the learned Sub-Divisional Officer,

Deoghar in R.E. Case No.33 of 2020-2021 under Sections 20 & 42 of the

Santhal Pargana Tenancy, Act filed by the respondent No.6.

3.

It appears that against the said order, appeal has been preferred and

the appellate court has upheld the order vide order dated 21.04.2023 passed

in Revenue Misc. Appeal No.01/ of 2021-22. It further appears that against

the appellate order, revision has been preferred being R.M.R Case No.359 of

2023-24 which is still pending.

4.

It further appears that during pendency of the revision, the present

writ petition has been filed on the ground that the court of the Commissioner

was vacant and this Court has issued notice to the respondent No.6 vide

order dated 02.06.2023.

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W.P.(C). No.3044 of 2023

5.

Now the submission has been made by the learned counsel for the

petitioner that the Court of Commissioner is now functional and he wants

liberty to pursue the same.

6.

It further appears that the Titile Suit being Original Title Suit

No.182/2017 is pending between the family members of the present

petitioner and the respondent No.6 regarding the same piece of land. The

description of the land is mentioned at paragraph No.1 of the present writ

petition, which is as follows:-

“Mauza Tiljori No.295, Jamabandi No.46, Plot No.691, measuring

area-7 Decimal Land.”

7.

In view of the above facts, the present writ petition is hereby, disposed

of giving liberty to the petitioners to pursue the revision before the

Commissioner, Santhal Pargana, Dumka.

8.

The Santhal Pargana, Dumka is directed to decide the pending

revision application as early as possible preferably within a period of one

year from the date of receipt/production of a copy of this order.

9.

The parties are at liberty to place the case before the Commissioner,

Santhal Pargana, Dumka and the Commissioner, Santhal Parganas, Dumka

will take a decision without any prejudice.

10.

With the above observation and direction, the present writ petition

stands disposed of.

11.

Till disposal of the revision, interim order dated 01.08.2023 granted to

the petitioners shall continue.

(Rajesh Kumar, J.)

Raja/-