FALANAND MANJHI Vs. COOMISSIONER BHAGALPUR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners. The writ application has filed by the petitioners challenging the legality of three orders which are at Annexures-3,4 and 5.

(2.) The case of the petitioners is that they are jamabandi raiyats of Pradhani Village-Ballamdih and they are poor raiyats of the said village having very small areas of land, whereas, respondent No. 6 is the village Headman and respondent Nos. 4 and 5 are his brothers living jointly and respondent No.6 is also the Karta of the family, and they are in possession of a substantial portion of the land. In support of the said fact the petitioner has annexed certain khatian slips.

(3.) The further case of the petitioners is that respondent Nos. 4 and 5 filed a petition before the Divisional Officer, Dumka on 1st February, 1977 in which respondent No. 6 was made opposite party for settlement of lands and in the said proceeding the petitioner was not made a party. Thereafter, the petitioner came to know about the aforesaid prayer of the private respondents and they filed objection before the Sub-Divisional Officer in S.R. Case No. 601 of 1976/77 and the Sub-Divisional Officer by the order dated 17-11-1978 cancelled the said recommendation by the Circle Officer for settlement of plot of land in question in favour of the private respondents No. 4 and 5 or the ground that respondent Nos. 4 and 5 have large areas of lands, and the Sub-Divisional Officer was pleased to direct the Anchaladhikari to give reports on certain points which are mentioned in para 7 of the writ petition. The grievance of the petitioner is that despite the aforesaid order for cancellation of the settlement in favour of respondent Nos. 4 and 5 the present impugned order at Annexure-3 has been passed by the S.D.O. recommending the settlement in favour of the said private respondents and the same amounts to review of the earlier order dated 17-11-1978.