DHENA HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE writ petition has been preferred by the petitioners against the appellate order dated 23rd May, 2002 passed by the Divisional Commissioner, Santhal Parganas Division, Dumka, in R.M. Appeal No. 142 of 1997/ 98, whereby and whereunder, the order dated 20th June. 1997 passed by Settlement Officer, Dumka in R.E. Case No. 1 of 1997 -98/MP Case No. 53 of 1990 has been set aside.

(2.) THE case of the petitioner is that the lands, in question, were recorded in the last survey settlement in the names of their ancestors, who are Scheduled Tribes. The lands are non -transferable, Jamabandi lands of Scheduled Tribes (Santhals). Its acquisition was made in favour of non -tribal ex -landlord, which was illegal,

(3.) ACCORDING to the Respondents, further 2 Bighas, 3 Katha and 11 Dhurs of lands of Plot No. 437 within J.B. No. 103 was also settled with Basudeo Bhagat and Ramdeo Bhagat by the then landlord by a separate registered Patta Deed No. 255 of 1938. In this way, total 8 Bighas 16 Kathas and 12 Dhurs of land of Mouza Sarasdangal were transferred/settled in favour of Basudeo Bhagat and Ramdeo Bhagat, ancestors of the private respondents for Basuri purpose i.e. for holding a hat over the lands.