Advocates:
['DURGA CHARAN MISHRA', 'S C II', '', 'ARVIND KUMAR CHOUDHARY', 'SHAMBHU NATH TIWARI', 'CHANDRA G A BARDHAN', 'VANDANA SINGH']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

W.P.(C) No. 5014 of 2008

….....

Tapo Devi & Anr.

..... Petitioners

Versus

The State of Jharkhand & Others

.... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

….........

For the Petitioners

: Mr. D. C. Mishra, Advocate

For the respondents/State : Mr. Sandeep Verma, AC. to

Mrs. Vandana Singh, Sr. S.C.-III

For the private respondent : Mr. Arvind Kumar Choudhary, Adv.

..........

05/14.06.2022.

Heard, learned counsel for the parties.

Learned counsel for the petitioners, Mr. D.C. Mishra has submitted,

that the original writ petitioner, Mani Bhushan Rout has preferred this writ

petition for quashing the order dated 28.05.1998 passed by the Deputy

Commissioner, Dumka in R. M. A. No.83/1992-1993 as well as the order

dated 12.08.2008 passed by learned Commissioner, Santhal Pargana

Division, Dumka in R.M.A. No.87/1998-1999.

Learned counsel for the petitioners has further submitted, that

during pendency of the writ petition, original writ petitioner, Mani

Bhushan Rout has died and he has been substituted by his wife Tapo Devi

and son Pradeep Rout in terms of order dated 11.02.2021 passed by

Hon'ble Co-ordinate Bench of this Court.

Learned counsel for the petitioners has further submitted, that the

dispute is with regard to appointment of village Pradhan in a khas village

under the Santhal Praganas Tenancy (Supplementary) Rules, 1950.

Learned counsel for the petitioners has further submitted, that

pursuant to the vacancy of Pradhan in Khas village, the petitioner along

with two others namely, Adhik Lal Rai and Babulal Hembrom applied for

the post.

A voter list was prepared by the Circle Officer, Jama and on the

basis of 2/3^rd votes of Jamabandi raiyats present and voted, the original

writ petitioner Mani Bhushan Rout was elected as Pradhan of the Khas

village by the Sub Divisional Officer, Dumka, vide P. A. Case NO. 85 of

1990-1991. The same has been assailed by the respondent No.6, Adhik Lal

Rai, before the Deputy Commissioner, Dumka, vide Revenue Misc.

-2-

Appeal No.83 of 1992-1993, who set aside the order of Sub- Divisional

Officer, Dumka on the ground that the list of Jamabandi raiyats was

prepared wrongly by the Circle Officer, but no action has been taken

against the Circle Officer for preparation of such faulty list.

The Deputy Commissioner, Dumka order was assailed by the

petitioner before learned Commissioner, Santhal Pargana Division, Dumka

vide R.M.A. No. 87/1998-1999 and the learned Commissioner, Santhal

Pargana Division, Dumka did not interfere with the same and thus the writ

petition has been filed before this Court.

Learned counsel for the petitioners has further submitted, that in a

Khas village, Pradhan is to be appointed under Section 5 of the Santhal

Praganas Tenancy (Supplementary Provisions) Act, 1949, which read as

follows:-

“5. Appointment of a village headman of a khas village. - On the

application of a raiyat or of landlord of any khas village and with the consent

of at least two thirds of the jamabandi raiyats of the village ascertained in the

manner prescribed, the Deputy Commissioner may declare that a headman

shall be appointed for the village and shall then proceed to make the

appointment in the prescribed manner.”

Learned counsel for the petitioners has further submitted, that Rule

-3 of the Santhal Praganas Tenancy (Supplementary) Rules, 1950, which

reads as follows:-

“3. Rules regarding the manner of ascertaining the consent of

jamabandi raiyats and appointment of headman under Section 5.- (1) On

receipt of an application from a raiyat or a landlord under Section 5, the

Deputy Commissioner shall issue notice to the jamabandi raiyats of the village

and to the landlord in Form A.

2. The consent of at least two-thirds of the persons recorded as

jamabandi raiyats o