SITA RAM MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 11.07.2013 passed by the Commissioner, Santhal Pragana Division, Dumka is under challenge, by which, the order passed by the appellate authority in in R.M.A. No.11/1997-98 has been affirmed by not admitting the appeal.

(2.) The brief facts of the case of the petitioner is that the land in question is recorded in khatiyan in the name of Late Gujar Mandal grandson of Bicho Mandal whereas the petitioner is also grandson of Girdhari Mandal who was full brother of father of reaorded tenant Gujar Mandal. Accordingly the petitioner and the respondents are from common ancestor late Bichcho Mandal. The further case of the petitioner is that one Bipin Mandal father of Gujar Mandal had two brothers namely Amrit Mandal and Gridhari Mandal, Gridhari Mandal had four sons namely, Dukho Mandal, Nemani Mandal, Bhutali Mandal and Jageshwal Mandal. The petitioner Bhola Mandal (Now Deceased) son of Nemani Mandal and Sitaram Mandal are decedent of common ancestor Bichcho Mandal. The petitioner has come in peaceful possession of the lands in dispute and are paying rent and having rent receipt up-to-date in lieu thereof.

(3.) That the respondent No.6 Indu Mandal claiming himself to be adopted son of late Kalti Mandalian W/o late Gujar Mandal who was the recorded tenant of the land in dispute has filed R.E. Case No.06/1996-97 before the Sub-Divisional Officer, Dumka who by calling upon the record from Circle Officer, Jarmundi, pursuant thereto a report has been submitted including short genealogy as shown the relationship between the parties showing therein that the parties are common ancestors and accordingly the proceeding was dropped with an observation to the parties to approach before the competent court of civil jurisdiction for title over the land in question is in dispute.