ASGHAR HUSSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred against the order passed by the Sub -Divisional Officer, Godda dated 27.9.2007 at Annexure -1 to the memo of petition, in Revenue Miscellaneous Case No. 75 of 2005 -06, whereby the land which was allotted to the present petitioner in the year 1975 -76 has been cancelled.

(2.) BEFORE the learned counsel appearing for the petitioner argues, in detail, it is submitted by the counsel for the respondents that the impugned order passed under Sections 28 -23 of the Santhal Pargana Tenancy Act, 1949 is an appealable under Section 57 of the Act, 1949 and there is alternative efficacious remedy available to the present petitioner.

(3.) COUNSEL appearing for the petitioner has vehemently submitted that the petitioner was allotted the land in the year 197576, mutation entry was also mutated in favour of the present petitioner. thereafter for six months, the petitioner had gone out and the property was unauthorizedly taken over by the private parties and therefore, Title Suit No. 24 of 2001 instituted before the Sub -Judge, Godda. The said suit was dismissed and Title Appeal No. 24 of 2003|3 of 2004 was preferred by the petitioner. The said appeal was allowed by the learned appellate court against which the private parties had preferred second appeal bearing No. 143 of 2005, which was dismissed by this Court vide order dated 9.3.2006 and again the private parties have moved before Sub -divisional Officer, Godda, who cancelled the allotment of the land in the year 2007, which was given in the year 1975 -76.