NARA HO Vs. ARJUN TOMSAY

JUDGEMENT

(1.) The three petitioners who are brothers have prayed for quashing the order of the additional Deputy Commissioner, Singhbhum in Kolhan Title Suit No. 15 of 1967, dated 19-8-1969 as also the order of tile Commissioner Chotanagpur Division dated 10/12th of April, 1971. Copies of both the orders have been filed as Annexures 2 and J respectively to the writ petition. The following averments have been made in the writ petition

(2.) On the 10th of July, 1967 respondents 1 to 4 filed Title Suit No, 15 of 1967 in the Court of Kolhan Superintendent at Chaibasa for declaration of title that the plaintiffs are rightful owners of plot No. 1939 fold plot No. 1224) and that the defendants have no right over the same. The suit was valued at Rs. 1,000/-. Following the Wilkin-son's Rules prevailing in the Kolhan area to which the suit appertains, on 13-6-1968 the Kolhan Superintendent referred the matter in dispute to arbitration of three panches. On receipt of the award the case was placed before the additional Deputy Commr of Singh-bhum at Chaibasa who heard the parties and decreed the suit in terms of the award. Against that order the petitioners filed an appeal before the Commissioner, Chotanagpur Division who dismissed the appeal by order dated the 10th of April, 1971 (Annexure 1). Thereafter the present writ petition has been filed,

(3.) Mr. Ghose, learned counsel appearing on behalf of the petitioners, urged that on the date the suit was filed and the matter was referred to panches the Kolhan Superintendent had no jurisdiction to entertain the suit, the suit being valued at more than Rs. 300/-. Mr. N. N. Roy, appearing on behalf of the respondents, referred to the counter-affidavit filed on behalf of the respondents about such an authorisation being made in favour of Shri R, J, Singh, Kolhan Superintendent and after him, in favour of Shri S S. Sinha, Additional Deputy Commissioner who ultimately disposed of the suit, Mr, Ghose, however, urged that the respondents ought to have filed a copy of the authorisation. In view of the controversy raised, on 11-7-74 we called for the authorisation in question from the Deputy Commissioner of Singhbhum. In. pursuance thereof the Deputy Commissioner of Singhbhum has sent a copy of the necessary authorisation dated 26-6-1968 from which it appears that the Deputy Commissioner by Memo No. 1348B, dated the 10th of May, 1967 had authorized Shri Ram Janam Singh, Deputy Collector and Kolhan Superintendent of Chaibasa to try suits and proceedings of the value exceeding Rs. 300/- which was withdrawn by order dated 26-6-1968 and Shri Shyam Sundar Sinha, Additional Deputy Commissioner was vested with similar power under Sections 2 (b) of the Kolhan Civil Justice (Regulating and Validating) Act, 1966. Mr. Ghose has urged that the Deputy Commissioner should have sent the notification dated 10-5-1967 and in absence thereof it cannot be said that Shri R. J. Singh had the necessary authorisation. There is no substance in this submission. The Deputy Commissioner has referred to the specific Memo No. 1348L, dated 10-5-1967 by which he has authorised Shri Ram Janam Singh to try civil suits of the value exceeding Rs. 300/- which was being recalled. The fact that the authorisation dated 10-5-1967 was withdrawn clearly shows that there was such an authorisation in existence otherwise there was no meaning in the Deputy Commissioner recalling the same.