MAHIPAL MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is a case for appointment of a Pradhan in village Kurma in the District of Godda under the provision of the S.P.T. Supplementary provision Act read with S.P.T. Supplementary Rules, 1950.

(2.) ADMITTEDLY there was a Pradhan appointed in that village, admittedly the Pradhan died, subsequent thereto the question of appointment of a Pradhan arose. The Sections 5 and 6 of the Act do provide for such appointment.

(3.) NOW if the Head Man died then he may leave successor or he may not leave successor and if he does not leave successor then a fresh step under the Rules has to be taken for appointment of a new Head Man. But if he has left some heirs then the question of acceptability of that heir is to be determined as per the Rules. Obvious it is that this acceptability can be ascertained from the will of 2/3 of Jamabandi Raiyats. Rule 3(1) provides that first of all a notice has to be given to 2/3 Raiyats (which ordinarily is called 16 anna raiyats) and if they do not turn up then subsequent notice has to be given and if even thereafter they do not turn up then the Deputy Commissioner will decide the matter rejecting the application made under Section 5.