NAKUL CHANDRA MANDAL Vs. COMMISSIONER OF BHAGALPUR DIVISION

JUDGEMENT

(1.) In this writ application the petitioners challenged the orders contained in annexure 3 dated the 7th June, 1975 passed by the Commissioner of Bhagalpur Division (respondent no. 1) and annexure 2 dated the 30th January, 1973, passed by the Deputy Commissioner, Santhal Parganas, Dumka, (respondent no. 2). The Deputy Commissioner by annexure 2 allowed the appeal of the 16 annas raiyats of mouza Gormala, police station Masilia, after setting aside the order of the Sub-divisional Officer, Dumka (respondent no. 3) contained in Annexure 1 dated 17.3.71 and directing eviction of the petitioners from the lands in dispute. In second appeal the learned Commissioner has affirmed the said order.

(2.) The relevant facts necessary to appreciate the points raised in this writ application may be stated here. According to the writ application the petitioners' father took settlement of 26-B, 4-K, 11-D of land of village Golmara, Sub-division, Dumka from the landlord on 6.7.1949 on an annual jama of Rs. 12. The settleses were recorded in the last settlement operation as Bakast malik. After the settlement 16 annas raiyats filed an objection challenging the said settlement. It appears that there was a compromise between the parties in which Ramranjan Mandal father of the petitioners agreed to donate 2-B 12-K 3-D out of the aforesaid land to the deities Siri Siri Kali and Siri Siri Durga. According to the petitioners the Sub-divisional Officer, therefore, confirmed the said settlement less the land donated to the two deities by his order dated 17.2.1951. There was an appeal by Raiyats of the village which was registered as Miscellaneous appeal no. 297 of 1950-51. The learned Deputy Commissioner who heard the appeal remanded the same to the Sub-divisional Officer. After remand there was a further enquiry as per direction of the appellate court and ultimately the settlement in favour of the aforesaid Ramranjan Mandal was cancelled by the Subdivisional Officer by his order dated 28.4.1954. The said order of cancellation was affirmed in appeal being the revenue miscellaneous appeal no. 34 of 1958-59 by the Deputy Commissioner on 9.3.1960. Revision against the said order was also dismissed by the learned Commissioner.

(3.) It appears that the matter rested there and the aforesaid cancellation order as affirmed in appeal by the learned Deputy Commissioner and thereafter by the learned Commissioner was not challenged. Some time in 1961 the father of the petitioners filed a suit which was numbered as title suit no. 3 of 1961 in the Court of the Subordinate Judge for declaration of their title and for injunction restraining the defendant-raiyats of that suit from interfering with the possession of the plaintiff. This suit was compromised with the defendants-raiyats and the suit was accordingly decreed in terms of the compromise by an order dated 7.10.1961. In 1964, on the basis of the aforesaid compromise decree the father of the petitioners obtained rent receipts in his name from the State of Bihar. Some time in 1970 some of the raiyats thereafter filed a petition before the Sub-divisional Officer for eviction of Ramranjan Mandal from the disputed land which was registered as revenue Miscellaneous Appeal no. 142 of 1970. The learned Sub-divisional Officer passed an order dated 17.3.1971 rejected the said petition. A copy of the said order has been made annexuro I to the writ application. Thereafter there was an appeal filed by the raiyats including respondents 4 and 5 which was registered as revenue miscellaneous appeal no. 57 of 1971-72. The said appeal was allowed by the order dated 31.1.1973 (anuexure 2) and the order for eviction was passed against the settlee Ramranjan Mandal. The said order was affirmed in second appeal by the Commissioner by the order dated 7.6.1975 (annexure 3).