THAKUR HEMBROM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed a writ petition for appointment as Pradhan. He prays for quashing annexure'8', Annexure '8' contains the order of the Commissioner in appeal.

(2.) The simple point for consideration in this application is : Whether the petitioner should be appointed as Pradhan on the facts and in the circumstances cf the case ? It (is clear from annexure 1 that the petitioners father was the Pradhan of village Kamaldiha in the district of Santhal Pargaqas. Before he (father of the petitioner) died he submitted resignation for the post of Pradhan. The petitioner claims to be the Pradhan as being the next heir. In this connection paragraph 3 and 4 of schedule V of the Santhal Parganas Manual were referred to, which run as follows :

(3.) On a perusal of these Rules, it is clear that in case where a person claims to be Pradhan on the basis that he is next heir of the Pradhan, then in that case paragraphs 3 and 4 of schedule V shall apply. The applecation of schedule y is also covered by Rule 3 (5) of the Santhal Parganas Tenancy (Supplementary Provisions) Rules (hereinafter referred to as the Rules), which runs as follows :