BHUBNESHWAR MARIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Challenge is made to the proceedings in Revenue Miscellaneous Appeal No. 3/2003 -04 pending before the Deputy Commissioner, Dumka , respondent no.2 essentially on the grounds that the issue stands settled by the judgments rendered by the Revenue authorities and also by the Writ Court as well as Letters Patent Court of Patna High Court.

(3.) Petitioner contends that the settlement of land pertaining to plot no. 326 and 128 in Mauza Bhurandiha was challenged by the 16 anna raiyats earlier and stood finally determined in favour of the petitioner on the basis of the judgments rendered in C.W.J.C No. 3225 of 1995 and L.P.A. No. 520 of 1997 by the Patna High Court. Once again the challenge to the settlement of land of plot no. 326 and 128 of Mauza Bhurandiha was been laid before the Sub Divisional Officer, Dumka in S.R. Case No. 01/2001 -02, which has been dismissed by the order dated 6.3.2003 by the learned Sub Divisional Officer contained at Annexure -5 to the writ petition. However being aggrieved, respondent Santlal Ram and others have chosen to assail the order of the Sub Divisional Officer, Dumka dated 6.3.2003 in Revenu Miscellaneous Appeal No. 3 of 2003 -04 where petitioner has been issued notice to plead his case. Petitioner has questioned the maintainability of the said proceedings in the background of the finality attached to the same lis between petitioner and the 16 anna raiyat.