DEVIMAI MURMU Vs. STATE OF JHARKHAND : DIVISIONAL COMMISSIONER, SANTHAL PARGANA, DUMKA : SUBDIVISIONAL OFFICER, PAKUR : SOGEN MURMU, SON OF LATE CHHOTE DERMAN MURMU

JUDGEMENT

(1.) HEARD the parties and with their consent, this writ application is being disposed of finally at this stage itself.

(2.) IN the present writ petition, the petitioner has prayed for quashing of the order contained in Annexure - 6, the Order dated 20.05.2003, passed by the Divisional Commissioner, Santhal Pargana Division, Dumka in R.M.A. Case No. 14 of 2002 - 03 allowing the Second Appeal filed by the Respondent No. 4 herein, namely Sogen Murmu and setting aside the Order passed by the Deputy Commissioner, Pakur contained in Annexure -5 and thereby affirming the Order dated 29.09.2001 passed by the Sub -Divisional Officer, Pakur contained in Annexure -4, whereby, the Sub Divisional Officer appointed the Respondent No. 4 Sogen Murmu as Village Head ("Gram Pradhan") of village Bichpahar situated within the P.S. - Pakuria of District - Pakur after rejecting the application of the petitioner for her appointment as "Gram Pradhan". The petitioner has also made a prayer in this writ petition to quash the Order of the Sub Divisional Officer contained in Annexure -4.

(3.) ADMITTEDLY , during the life time of her father, the petitioner ,got married with one Sonatan Tudu in ˜"Ghar Jamai"' form of marriage prevalent amongst Santhal Tribe. After the said marriage, the husband of the petitioner Sonatan Tudu became "Ghar Jamai" and he started living in the house of his father -in -law with the petitioner.