ANDU LARWEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioners in this writ application have prayed for quashing the order dated 22.01.2004 (Annexure-3) passed by the Commissioner, Santhal Pargana Division, Dumka in R.M.A. No. 24/1984-85 whereby the order dated 28.03.1983 (annexure-2) passed by the Settlement officer, Dumka in R.E. Case No. 24/1982-83 has been set aside and the petitioners have been directed to be evicted from the lands as well as his house.

(3.) The challenge to the impugned order of the Commissioner has been made on the ground that the same has been passed without application of judicial mind and is against the ratio decided in the Full Bench Judgment of the Patna High Court in the case of Bhauri Lal Jain and Anr. v. Sub-Divisional Officer, Jamtara and Ors., 1973 AIR(Pat) 1 and in the another Judgment of the Patna High Court in the case of Shaikh Bande v. Jethua Pahan and Ors., 1975 AIR(Pat) 113.