CHHOTO MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant writ petition has been filed for quashing the order dtd. 19/3/2005 passed by the Deputy Commissioner, Dumka in RMA Case No.116/1993-94 whereby and whereunder a direction was made to proceed for appointment of Village Pradhan at Village Sindurpur under Sec. 5 of the Santhal Pargana Tenancy Act, 1949.

(2.) The short question raised in this writ petition is whether the said village is a Pradhani Village or a Khas Village, meaning thereby, whether Sec. 5 or Sec. 6 of the Santhal Pargana Tenancy Act will apply? As per the petitioner, it was a Pradhani Village therefore, Sec. 5 will have no application.

(3.) Petitioner has a statutory remedy under Sec. 59 of the Santhal Pargana Tenancy Act to prefer a revision before the learned commissioner, which has not been availed. Further, it has been pointed out that from supplementary counter affidavit dtd. 9/4/2025, it will be evident that the other side had moved before the Commissioner in RMR No.37/2010-11, from which it will be evident that the said revision was pending till 13/3/2025.