SALAMAT ANSARI Vs. STATE OF JHARKHAND & ORS

JUDGEMENT

(1.) The petitioner by way of filing this writ petition under Article 226 of the Constitution of India has prayed for quashing the order dated 23.1.2004 passed by the Commissioner, Santhal Pargana Division, Dumka in R.M.(Settlement) Appeal No. 27/2002-2003.

(2.) Heard the learned counsel for the petitioner as well the respondent-State Government and respondent no.4.

(3.) It appears that respondent no. 4 filed a Misc. petition bearing no. 195 of 1998 in the court of Settlement Officer, Dumka for getting his name entered in the Parcha of the present survey settlement. Charge Officer-Cum- Settlement Officer, Dumka rejected the petition filed on behalf of the respondent no.4 (Rajo Mian) and confirmed the entry of 1.30 acres of land with regard to plot no. 188 in favour of the petitioner and other formal respondents. Being aggrieved and dissatisfied with the said order, respondent no.4 filed Revenue Misc. Appeal no. 27/2002-03 before the Commissioner, Santhal Pargana Division, Dumka and the said appeal has been allowed by the impugned order dated 23.1.2004 and thereby the learned Commissioner allowed the application made by the respondent for getting his name in the Parcha of the present survey settlement with respect to 60 decimal of land and rest 77 decimals in favour of the petitioner and formal respondents.