NANCY TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the record. The present petition under Article 227 of the Constitution of India has been filed against the order dated 14.9.2011 (Annexure-9) passed by the Sub-Divisional Officer, Godda in Settlement Cancellation Case No. 11/2011-12, whereby, the settlement of land made in the Settlement Case No. 145/71-72 has been cancelled and Circle Officer, Godda has been directed to make necessary correction in Register-II and it has further been directed to take over the possession of the land in question.

(2.) Learned counsel for the petitioner submitted that in view of provision of Sections 32 and 33 of the SPT Act, 1949, the competent authority to decide this issue is the Deputy Commissioner and the impugned order has been passed by the Sub-Divisional Officer and the order impugned is without jurisdiction and therefore, the petitioner has approached this Court by way of filing this writ petition.

(3.) As against this, learned counsel for the State submitted that the petitioner has also approached the appellate authority under Section 57 of the Act and therefore the present writ petition is not maintainable.