PRAKASH DAS Vs. STATE OF JHARKHAND,

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dtd. 7/11/2012 passed by the Sub-Divisional Officer, Madhupur is under challenge by which the settlement of the land which has been made in favour of the petitioner by virtue of settlement made sometime in the year 1988, has been cancelled.

(2.) The brief facts of the case as per the pleading which is required to be enumerated read as hereunder: The case of the writ petitioners is that the land in question being Plot No. 74 of Mauja Bara Raja Bandh No. 294 in Madhupur Sub-division, District Deoghar is originally recorded as Parti Kadim in the records of right.

(3.) The competent authority has settled the aforesaid land in favour of the writ petitioner No. 1 on 15/3/1988 by virtue of Patta as has been appended as Annexure-3 to the writ petition. The writ petitioners came to the possession of the aforesaid land and remained in possession. The Sub-Divisional Officer has initiated a proceeding for cancellation of the aforesaid settlement made in favour of the petitioner No. 1. Notices were issued to the opposite parties. The Sub-Divisional Officer, Madhupur has considered the rival submissions advanced on behalf of the parties. The documents pertaining to settlement of land, i.e., by virtue of order passed in Settlement Case No. 898 of 1955-56 and Settlement Case No. 99 of 1955-56 were produced.