TEJU MANDAL Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) THE petitioners have filed this writ application, praying that an order passed by the Sub-Divisional Officer, Jamtara, incorporated in Annexure "4', dated the 2nd September, 1970, may be quashed. By that order the Sub-Divisional Officer has ordered the eviction of the writ petitioners from certain lands mentioned in the order. THE petitioners have claimed the lands by virtue of a Kurfa settlement of the year 1359 B.S., but the Sub-Divisional Officer has come to the conclusion in the summary proceedings that the story of this Kurfa settlement was not acceptable. On that footing the order of eviction has been passed.

(2.) HAVING heard learned counsel for the petitioners, we do not think that this is a fit case where we should interfere, in view of the finding arrived at by the Sub-Divisional Officer in the summary proceedings. If the petitioners rely upon their right to possession by virtue of title, they can establish their title in some other appropriate proceeding, where all matters may be thoroughly and finally investigated on evidence on record. The writ application, therefore, fails and is dismissed, but without costs.