SUBHASH CHANDRA SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been preferred challenging the order dated 28.11.2001 / 3.7.2002 / 5.7.2002 passed by the Deputy Commissioner, Godda in R. M. A. No. 16/2001. By the impugned order, the said respondent has reviewed the earlier order passed by his predecessor and cancelled the fresh appointment of the petitioner as Village Pradhan. The short facts of the case are as follows:

(2.) The said order of the Deputy Commissioner, Godda has been assailed mainly on the ground that the said order is contrary to the mandatory provisions of Schedule -V of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 [hereinafter referred to as 'the said Act']. The appointment of Village Pradhan has to be made with the consent of 16 Anna Raiyats of the Mouza, but there is no such consent in favour of the respondent No. 4. In his earlier order, the Deputy Commissioner had considered all the aspects and the provisions of law and the order was passed in favour of the petitioner. The Deputy Commissioner has no jurisdiction to recall the earlier order and pass a fresh contrary order. The impugned order was not passed in presence of the petitioner and the same is antedated and vitiated.

(3.) Mr. Jai Prakash Jha, learned Sr. counsel appearing on behalf of the petitioner, submitted that by the earlier order, the Deputy Commissioner had decided almost all the controversies. There was no fresh material for reconsideration of the same. The impugned order has been passed without taking into consideration the mandatory provisions of the said Act. In the matter of appointment of Pradhan of the said Mouza, there is no valid ground for deviation from the earlier order. The enquiry report and the recommendations of the concerned authorities and learned Sub-divisional Officer were brushed aside. Learned counsel referred to the provisions of Schedule - V and submitted that the office of headman being hereditary, the next heir, who is fit, should be appointed as the headman. A person, who is unfit and who does not have general acceptance by the Raiyats, cannot be appointed.