BADAN GHOSE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dtd. 29/6/2022 passed by learned Single Judge of this Court in W.P.(C) No.1657 of 2008 by which the writ petition has been dismissed declining to interfere with the order dtd. 7/3/2008 passed by the Commissioner, Singhbhum (Kolhan) Division, Chaibasa in Misc. Revision No.4/08 affirming the order dtd. 8/2/2007 passed by Deputy Commissioner, Singhbhum East passed in Misc. Appeal No.36 of 2006-07 by which the order dtd. 22/11/2005 passed by the D.C.L.R., Dhalbhum, Jamshedpur, settling a piece of land in Mouza-Ghorabandha, Thana No.1195, Khata No.121, Plot No.975, Area - 0.05 acre in favour of the petitioner was reversed.

(2.) Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-

(3.) Mr. Dhananjay Dubey, learned counsel appearing for the writ petitioner-appellant has submitted that the Circle Officer, while passing the order of settlement vide order dtd. 22/11/2005, has considered the Government circular as contained in Memo No.4 Kha. Ma. Niti - 101/712-2188 Ra. Dated 12/13/5/1971, by which the concerned authority has been conferred with the power to settle a piece of land in favour of the member of the Scheduled Caste, Scheduled Tribe, Other Backward Communities (Schedule-I), soldiers and the refugee, in a situation when such category of persons were removed from the Government land in course of removal of encroachment.