LAL PRATAP NATH SHAHDEO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application has been filed for quashing Annexure -1 whereby and whereunder Parcha has been directed to be issued in favour of the respondent No. 5 by the Circle Officer in Palamau Case No. 3/90 -91 and for quashing Annexure -3 whereby and whereunder the Deputy Commissioner, Palamau, dismissed the appeal of the petitioner against the order aforesaid in Misc. Case No. 50/91 -92.

(2.) THE points for determination in this writ application are (i) whether an order granting a document creating permanent homestead tenancy without any finding whether the person concerned is a privileged person or privileged tenant is illegal and without jurisdiction and (ii) whether a Circle Officer, without making inspection, can pass an order under Rule 5 of the Privileged Persons Homestead Tenancy Rules, 1948.

(3.) THE respondents appeared and filed counter -affidavit denying the contentions of the petitioner, asserting that the respondent No. 5 was, in fact, after the death of her father, Bhagirathi Panda, had continued to hold that land in the capacity of the cook of the petitioner and the inspection was made by the Circle Officer and Annexure -4, the khatian, has been produced before the writ Court for the first time, which was not produced in evidence by the petitioner before the Circle Officer and the Annexure -4 was prepared in the year 1978 and has not been finalized and has been challenged by one Daya Nidhi Panda in Case No. 177/1994.