ALAMUNI HANSDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By the impugned order dated 5th April, 2005 passed in Revenue Misc. Revision No. 137/1998-99 preferred by the 16 Annas Raiyats of the Mouza and Revenue Misc. Revision No. 370/2000-01 preferred by private respondent no.5 herein, the Divisional Commissioner, Santhal Pargana Division, Dumka has set aside the orders passed by the Sub-Divisional Officer, Jamtara and upheld by the Deputy Commissioner, Dumka appointing the petitioner herein as Pradhan of village Saharberia, P.S. Bindapathar, Sub-Division Jamtara, District Dumka.

(2.) Petitioner admittedly is the married daughter of the erstwhile Pradhan namely Maral Hansda and also his second wife Hopni Kisku, mother of the petitioner who was also declared as a Pradhan after the death of Maral Hansda. Divisional Commissioner, Santhal Pargana Division has held that in view of serious dispute about the appointment of Pradhan by the raiyats of Mauza, as per provisions contained in Schedule-V, Clause-1 the appointment of Head man should be made in accordance with village custom and before confirming any appointment Deputy Commissioner shall satisfy himself that the candidate is generally acceptable to the raiyats. Therefore, petitioner's appointment as Pradhan is not in accordance with the provisions of law. He has accordingly directed initiation of a separate proceeding under Section 5 of the Santhal Pargana Tenancy Act, 1949 as per the procedure of appointment of village Head man of Khas village, so that democratic institutions can be well maintained and the raiyats may decide their next village Pradhan.

(3.) In the challenge to the impugned order the issue raised herein are in two folds :-