PROBODH KUMAR KUNDU Vs. COMMISSIONER BHAGALPUR DIVISION

JUDGEMENT

(1.) In this writ application the petitioner has challenged the order of the Sub-divisional Officer dated 10-10-1979 contained in Annexure-1 of the supplimentary affidavit, whereby the petitioner has been evicted from the raiyati land in question. The order was passed by the Sub-divisional Officer in the purported exercise of his jurisdiction under Section 42 of the Sanlhal Pargana, Tenancy (Supplimentary Provision) Act, 1949. Section 42 reads as under :

(2.) The Santhal Pargana Tenancy (Supplimentary) Rules, 1950 which proacriben a proceedure under Rule 13 which are to be followed by the courts in dealing with the application, and other proceedings under the said Act, as it reads as follows :

(3.) The word 'Deputy Commissioner' has been defined in Section 4 (vii) which means and included the Addl. Deputy Commissioner, Sub-divisional Officer or Deputy Collector, empowered by the State Government to discharge any of the function, of the Deputy Commissioner under this Act.