KAMAL KRISHNA GHOSE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India wherein the notice as contained in Annexure-4 series are under challenge, whereby and whereunder the petitioner has been directed to be evicted by taking of coercive measure from the premises in question.

(2.) It is the case of the petitioner that the original title of the property in question is of the petitioner but a dispute has been raised by the private respondent before the Subdivisional Officer who has passed an order by setting the proceeding ex-parte while the petitioner has never been served any notice of the aforesaid proceeding. However, against the said order the appeal was filed before the Deputy Commissioner of the district, who by a cryptic order, has dismissed the same making observation that the S.D.O has passed reasoned order under Section 20 and 42 of the Santhal Pargana Tenancy Act and therefore, he is aggrieved with the same.

(3.) The petitioner has approached before the revisional authority under revisional jurisdiction with the Commissioner, Dumka Division being R.M.R. No.115 of 2018-19 which has been admitted for hearing but in course of its pendency the notices have been issued for eviction from the premises as would be evident from Annexure-4 series appended to the writ petition, therefore, the instant writ petition has been filed.