DEBI HEMBROM Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner has filed this application, praying, that, an order incorporated in Annexure 3, dated the 19th November, 1970, passed by the Sub-divisional Officer, Jamtara, may be quashed. By that order, the writ petitioner has been evicted from plot No. 815, appertaining to Jote No. 34 of mouza Tamajore.

(2.) The relevant facts are as follows. Opposite Party No. 2 filed an application, stating, that, the writ petitioner was in illegal possession of the disputed land for the last five years and praying for his eviction. The writ petitioner's case was, that, he was in possession of this land since 1345 B.S. and that in 1967 opposite party No. 2 of this writ application and his brother had filed a title suit which had been compromised in the same year and the suit was dismissed on 8th January, 1968, by which the writ petitioner's possession of plot No. 815, amongst others, was recognised. On a consideration of the materials on the record, the Sub-Divisional Officer has not accepted the writ petitioner's case as made out before him. According to the Sub-Divisional Officer, in order to give legal shape to some illegal occupation by the writ petitioner, the title suit, mentioned above, had been instituted and disposed of on compromise. Therefore, it is quite clear, that the Sub-Divisional Officer has not accepted the writ petitioner's case of possession at all. It must, therefore, be held, that he has accepted the case set up by opposite party No. 2 before him and, if such a decision was given in a summary proceeding, we do not think that this Court should interfere in its writ jurisdiction. The writ application, therefore, fails and is dismissed, but without costs.

(3.) The order of stay stands vacated.