HARI BALLABH NARAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed by the petitioner for quashing of the notice dated 3.2.1984 issued by the respondent Deputy Commissioner, Deoghar under Section 59 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (hereinafter referred to as the Act). This notice is enclosed as Annexure 1 to the writ application. THE prayer is also for quashing of the entire proceeding in Revision No. 75 of 1983-84.

(2.) THE petitioner is the Chairman of the Vidyapati Grih Nirman Sahyog Samiti Limited. It appears that plot Nos. 43 and 44 has been recommended for construction of several collony under HUDCO plan in Mauza Dhibadih, P.S. Jasidih. Subsequently, a part of plot No. 23 of this mauza was sought to be settled in favour of the petitioner, acting for and on behalf of the Housing Cooperative, society, by Sri Ashutosh Dutt, the mool raiyat of the village. As such an application was filed before the sub-divisional officer, Deoghar, who pursuant to the enquiry held in this regard consented to the said settlement by his order dated 21.1.1983. This order is annexed as Annexure-3 to the writ application. After about almost a year, the petitioner was served with the impugned notice (Annexure-1) which, inter alia, contained that the said settlement of land was made contrary to the provisions of the Act.

(3.) ACCORDING to the aforesaid statutory definition, at the material time only the Deputy Commissioner of Santhal Parganas was competent to exercise the revisional powers under Section 59, Thought at the time of initiation of the impugned proceedings and issuance of the impugned notice Santhal Parganas had already been bifurcated in four districts, namely, Dumka, Sahebganj, Godda and Deoghar but the Deputy Commissioners of these districts had not been conferred with the aforesaid revisional powers under Section 59 of the Act. The powers of the Deputy Commissioner under the Act have been conferred on the Deputy Commissioners of said four districts by Bihar Santhal Parganas Bidhi (Sanshodhan) Adhiniyam, 1984 (Bihar Act, 1984) which came into force on 26th May, i9S Section By this amending Act the word "Santhal Parganas" as appeared in the above quoted clause of Section 4 was substituted by the words Duraka, Sahebganj, Godda and Deoghar.