BANSHIDHAR PAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, learned Counsel for respondent Nos. 4 to 6 and also learned J.C. to S.C III for respondent Nos. 1 to 3.

(2.) this writ application is directed against the order dated 16.7.1990 as contained in Annexure -8 passed by respondent No. 1 in Revision Misc. Appeal No. 88 of 1983 -84, whereby and where under the order passed by the appellate authority dated 28.11.1983 has been set aside and the order passed by the Sub -Divisional Officer under Section 42 of the Santhal Pargana Tenancy (Supp) Provision Act, 1949 (hereinafter referred to as 'the Act') has been restored.

(3.) It appears that a proceeding under Section 42 of the Act was initiated at the behest of respondent Nos. 4 to 6 for ejectment of the petitioners as they were in an unauthorised possession of the land in question. The Sub -Divisional Officer, after hearing the parties and considering the documents produced before it, held that the petitioners were in an authorised possession of the land in question and therefore, directed for their ejectment. The petitioners challenged the order of the Sub -Divisional Officer before the Additional Deputy Commissioner and the appeal was allowed after hearing the parties and the passed by the Sub -Divisional Officer under Section 42 of the Act was set aside. Ultimately, the order as such was challenged before the Commissioner giving rise to the impugned order.