SURYA NARAIN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner by way of filing the present writ petition under Articles 226 and 227 of the Constitution of India has prayed for issuance of appropriate writ, order or direction for quashing the order of the learned Commissioner, Santhal Pargana Division, Dumka in Rev. Misc. Appeal No. 70/89-90 dated 17.4.1995 by which he has upheld the order of the Deputy Commissioner, Dumka in Rev. Misc. Appeal No. 137/1987-88 dated 24.4.1989 who has set aside the order of the Subdivisional Officer, Dumka in P.D. Case No. 56/86-87 dated 21.8.1987. The Commissioner while upholding the aforesaid order of the Deputy Commissioner has approved the order of dismissal of the petitioner from the post of pradhan of mouza Sadhudih under Ramgarh police station, District Dumka. It is the case of the petitioner that the Deputy Commissioner as well as the Commissioner by their aforesaid orders have committed material error and constitutional illegality apart from the fact that they have ignored the order of the Sub-divisional Officer, Dumka as well as the inquiry report of the Circle Officer, Ramgarh (Landlord). The petitioner has raised several issues on fact as well as law in the present petition and while challenging the aforesaid orders, but during pendency of this petition, petitioner Hira Rai died on 28.4.1996 and thereafter his legal heirs were brought on record.

(2.) Learned senior counsel for the petitioner submitted that in view of the provisions as contained in Section 6 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, the respondent-authorities will have to undertake the exercise of making fresh appointment of pradhan (Village Headman) in a prescribed manner.

(3.) Learned senior counsel for the petitioner also referred to and relied upon sub-rule (5) of Rule(3) of the Santhal Parganas Tenancy (Supplementary) Rules, which has been framed under Section 71 of the Santal Parganas Tenancy (Supplementary Provisions) Act, 1949 and submitted that as per the procedure prescribed for appointment of pradhan (Village Headman), the respondent-authorities will have to undertake a fresh exercise for making appointment of pradhan and therefore, this matter may be referred to the respondent-authorities for starting de novo procedure for the purpose of making appointment of pradhan.