UMRAILLI MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 7.8.1995 whereby the learned Single Judge has dismissed the writ application filed by the appellant challenging the order passed by the Commissioner, Santhal Pargana Division, Dumka in Rev. Misc. (Review) Petition No. 223 of 1994 -95 by which he has reviewed his earlier order dated 9.5.1994 whereby he had upheld the order of the Deputy Commissioner, Santhal Pargana remanding the matter to the Sub -Divisional Officer, Deoghar to consider the matter of settlement in accordance with the observations made by him. The order dated 11.5.1984 passed by the Sub -Divisional Officer, the order dated 2.4.1991 passed by the appellate authority, the order dated 9.5.1994 passed by the revisional authority and the review order passed by the revisional authority dated 27.12.1994 have been annexed as Annexures - 1, 2, 3 and 4 respectively.

(2.) THE appeal was dismissed by a Division Bench of this Court on 13.8.1996 with an observation that the controversy can be disposed of effectively by the civil court. The appellants moved before the Apex Court against the aforesaid order in Civil Appeal No. 4997 of 1997 and the Apex Court by order dated 21st July, 1997 set aside the order passed by this Court on the ground that the jurisdiction of the civil court is expressly barred and the matter was remitted to this Court to dispose of the appeal on merit.

(3.) THE appellant and respondent nos. 9 to 11 filed two separate applications for settlement of the aforesaid land on the ground that the same is waste land and that should be settled in terms of the provisions of Santhal Pargana Tenancy Act. Respondents -1st party, who are the sons of Mul -Raiyal Abdul Hoda Khan raised objection of the settlement on the ground that one Saraswati Mishra was the Mul -Raiyat of the village and in the year 1966 their father purchased the Mul -Raiyat right and in the year 1969 the Mul -Raiyat Abdul Hoda Khan settled the land in dispute to his sons after getting approval from the Sub -Divisional Officer and since then they are coming in possession of the same and as such there is no question of settlement of land to the appellants.