JALPA TUDU Vs. COMMISSIONER OF BHAGALPUR DIVISION

JUDGEMENT

(1.) In an application under Articles 226 and 227 of the Constitution, these petitioners pray for quashing annexures 3 and 5. Annexure 3 is an order passed by the Sub-divisional Officer, Pakur, and annexure 5 contains an order of the Commissioner of Bhagalpur Division.

(2.) The short point for consideration is, whether an application filed under the provision of Section 20(3) of the Santhal Parganas Tenancy Act, 1949, as amended by the Bihar Regulation 1 of 1969 is maintainable or not ? It is relevant to quote the amended provision of section 20(5) of the Santhal Parganas Tenancy Act, 1949 (hereinafter referred to as 'the Act') which runs as follows :

(3.) Nandal Tudu (respondent no. 4) filed an application under the amended section 20(5) of the Act for evicting these petitioners as contained in annexure 2. On the basis of this petition, the Sub-divisional Officer, Pakur, evicted these petitioner. In appeal, the Deputy Commissioner vide annexure 4 set aside the order of the Sub-divisional Officer. The Commissioner upheld the order of the Sub-divisional Officer. A petition under section 20(5) of the Act envisages to evict a transferee. The Deputy Commissioner has been authorised under that section to evict any transferee where the transfer has taken place in contravention of sub-section (1) or sub-section (2) of section 20 of the Act or by any fraudulent method. According to the case of the respondents as contained in annexure 2, it is clear chat these petitioners came in possession of certain plots in Jamabandi no. 98 in village Baset Kundi Police Station Pakuria, four or five years before the date of filing of this application. It is relevant to quote paragraph no. 4 of annexure which runs as follows :