DEWASHISH SADHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer to set aside the order dtd. 20/6/2018 (copy of which has been kept at Annexure-3 of this Writ Petition) passed by respondent No.2 and also for setting aside the order dtd. 30/12/2016 (copy of which has been kept at Annexure-2 of this Writ Petition) passed by the respondent No.3 and for reinstatement of the order dtd. 5/10/2016 (copy of which has been kept at Annexure-1 of this Writ Petition) passed by the Assistant Settlement Officer (A.S.O.) Dumka in Parcha Correction Case No.200/2010.

(3.) The brief facts of the case is that the respondent No.4 filed an application for his name to be included in the new Parcha; after deleting the name of the opposite party by Time Barred Application No.200/2010 before the Assistant Settlement Officer (A.S.O.) Dumka on the ground that the respondent No.4 is the descendant of the recorded tenant and the claim of the writ petitioner who was the opposite party in the said case, was based on the claim of adoption, which claimed adoption was a fake one. The Assistant Settlement Officer (A.S.O.) Dumka observed that the applicant could not produce any substantial evidence and the case is related to adjudication of right and title and rejected the application. The respondent No.4 of this Writ Petition filed Settlement Objection Appeal Case No.157/2016-17 before the Settlement Officer, Dumka. The Settlement Officer, Dumka considering the genealogical table issued by the Circle Officer and the Voter List, observed that the respondent No.4 has produced the documents to be the descendant of the recorded tenant whereas the writ petitioner is no way related to the recorded tenant of the Gantzer's Settlement in respect of the land in question nor his name is appearing in the genealogical table. The Settlement Officer, Dumka further observed that it would not be lawful to record the name of an outsider in the Hal Khata No.81/18 and allowed the appeal. Being aggrieved by the order passed Settlement Officer, Dumka, the writ petitioner filed Objection Appeal No.5/2017-18. The same was dismissed by the respondent No.2-Commissioner, Santhal Pargana Division, Dumka as the respondent No.2-Commissioner found that the dispute between the parties is civil in nature and it could not be decided in summary proceeding.