Advocates:
['HARENDRA KR MAHATO', '', 'AHALYA MAHATO', 'ATANU BANERJEE']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No. 1170 of 2016

Sharma Lal Mahato

…....

Petitioner

Vrs.

1. The State of Jharkhand

2. The Deputy Commissioner, Seraikella Kharsawan

3. The Sub-Divisional Officer, Seraikella Kharsawan

4. The Circle Officer, Gamaria, Seraikella Kharsawan

5. The Executive Engineer, Public Works Department,

Seraikella

.....

Respondents

…....

CORAM:

HON’BLE MR. JUSTICE APARESH KUMAR SINGH

For the Petitioner

: M/s H.K.Mahato, Ahalya Mahato

For the Respondents

: Mr. Atanu Banerjee, G.A.

03/26.04.2016

There is a remedy of appeal under Section 215 of the

Chotanagpur Tenency Act, 1908 before the Commissioner of the

Division against the order setting aside the settlement passed by

the Deputy Commissioner under Section 63(b) of the Act of 1908.

In that view of the matter, petitioner is relegated to avail of

the remedy of appeal before the Commissioner, Kolhan Division

against the impugned order dated 27.6.2015(Annexure-7) passed

by the Deputy Commissioner, Seraikella Kharsawan where under

his settlement made in respect of plot no. 47 area 1.41 acres

under Thana no. 10, Mauza Raipur in Settlement Case No. 222/75-

76 has been annulled.

Needless to say that any question of delay in preferring the

appeal would be considered sympathetically by the learned

Commissioner if such appeal is filed within a period of 3 weeks

from the date of receipt of the copy of this order considering the

fact that petitioner was prosecuting his grievance before this

Court.

The writ petition is disposed of accordingly without

commenting upon the merit of the claim of the parties. Pending

I.A. stands closed.

(Aparesh Kumar Singh, J.)

A. Mohanty