Advocates:
['DURGA CHARAN MISHRA', 'S C MINES', '', 'S P ROY']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

W.P.(C) No. 5139 of 2011

….....

Nitai Chandra Gorai

..... Petitioner

Versus

The State of Jharkhand & Others

….

..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

(Through : Video Conferencing)

….........

For the Petitioner

: Mr. D. C. Mishra, Advocate.

For the Respondents/State : Mr. Manoj Kumar No.3, G.P.-II

........

05/24.11.2021.

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

that to assail the appointment of Pardhan in a village either under Section

5 or 6 of Santhal Pargana Tenancy Act, the matter is pending before the

Commissioner, Santhal Pargana Division, Dumka vide Revision Misc.

Appeal No. 53 of 2010-11, which has been preferred against the order

dated 01.07.2011 passed by Sub-Divisional Officer, Dumka in P.A.

No.144/2005-06, whereby and whereunder the learned Sub-Divisional

Officer has appointed the respondent No.5, Alok Kumar Mandal in the

post of Village Pradhan of Gandrakpur village under Section 6 of the

Santhal Pargana Tenancy Act, 1949 in the light of order passed by Deputy

Commissioner, Dumka in Revision Misc. Appeal No.38 of 2010-11.

Learned counsel for the State, Mr. Manoj Kumar No.3, G.P.-II has

submitted that the Commissioner, Santhal Pargana Division, Dumka may

be directed to decide the issue within six weeks, if already not decided as

yet.

Learned counsel for the respondent No.5 has also appeared through

his counsel, Mr. S.P. Roy.

It is desirable for this Court that instead of going into the merit with

regard to appointment of Pradhan either under Section 5 or 6 of the

Santhal Pargana Tenancy Act, 1949, this court directs the Commissioner,

Santhal Pargana Division, Dumka to decide the issue within a period of six

weeks' from today in presence of both the parties.

Since, counsel for both the parties are present before this Court,

they have assured that they will put appearance before the Commissioner,

Santhal Pargana Division, Dumka within a period of four weeks' from

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today. The commissioner will fix a date within a period of six weeks' from

today and will decide the matter in accordance with law.

Considering the same, the Commissioner, Santhal Pargana Division,

Dumka is directed to decide the issue within a period of six weeks' from

today, if already not decided, after hearing both the sides, who will appear

before the Court within a period of four weeks' as counsel for both the

parties are present before this Court.

Accordingly, the instant writ petition is disposed of.

Let a copy of this order be communicated to the Commissioner,

Santhal Pargana Division, Dumka as well as the Chief Secretary

Government of Jharkhand, Ranchi for compliance.

(Kailash Prasad Deo, J.)

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