MD SIKANDAR MIAN Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) THE petitioner has applied under Articles 226 and 227 of the Constitution of India for quashing an order passed by the Subdivisional Officer, Jamtara. dated the 11th May, 1971, a copy of which has been given as Annexure 1.

(2.) IT appears, that, opposite party No, 2 of this case had made an application for restoration of his land appertaining to plots Nos. 36, 727 and 775 of A. K. J. No. 18 within police station Narainpur, on the allegation that his lands had been illegally occupied for three or four years by certain persons, including the writ petitioner. The present petitioner had shown cause, claim-ing only plot No. 36. Some other persons had chimed the other lands. The writ petitioners case was that, his father had given 31 acre of land, out of Jamabandi plot No. 811, to the father of the present opposite party No. 2 and, in exchange. The writ petitioner's father had obtained plot No. 36 which was continuous to his land. Thereafter the father of the writ petitioner had constructed two houses, costing Rs. 5,000. The writ petitioner's case was, that, he and his family had been in continuous possession of plot No. 36 and had obtained prescriptive right over the same by adverse possession. The Subdivisional Officer had referred the matter to the Deputy Collector, Land Reforms, Jamtara for enquiry and report, and the report was that the present writ petitioner had a house on plot No, 36 for about 8 to 10 years and now he had constructed a new house in its place with tiled roof. The Subdivisional Officer, Jamtara, had also held a local enquiry in presence of the parties and he came to the conclusion, that, the provisions of Section 20 (1) of the Santal Parganas Tenancy (Supplementary Provisions) Act, 1949, had been contravened. He, therefore, passed an order of eviction against all the persons claiming the three plots of land, mentioned above.

(3.) THE order of stay is vacated.