KHUDIRAM GORAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is for quashing the order dated 14.09.2017 in R.M. A. No.72/1989-90 passed by Commissioner, Santhal Pargana Division, Dumka, whereby and whereunder the Fouti Khata, Open in-charge officer has been declared to be wrong with direction to record the name of the respondent herein who has been declared to be status reversion. The petitioner has asserted the aforesaid order mainly on the ground that the revisional authority without assigning any reason has reversed the order passed by the charge officer, even without considering the name of the decree passed in Title Suit No.36/1976-8/82 passed by the 2nd Additional Subordinate Judge, Dumka and the judgment passed in Title Appeal No.33/1982 by the District Judge, S.P. Dumka and, therefore, the revisional authority without application of mind has reversed the order given by the charge officer, hence the same is not sustainable in the eye of law.

(2.) Mr. Mayank Mohit Sinha, learned counsel appearing for the respondent nos.4 to 7 has submitted that there is no illegality in the order passed by the revisional authority, since in view of the provision as contained in Section 4(xx) of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 which contains definition of "vacant holding" which means an abandoned holding or holding of which the raiyat has died without heirs and the revisional authority by taking note of the aforesaid provision of law considering that the original recorded tenant was having no legal heir hence passed the said order, as such, there is no infirmity in the same rather said to be in consonance with the provision as contained in Santhal Paragana Tenancy Act.

(3.) Learned counsel appearing for the respondent-State has also defended the aforesaid order by adopting the argument advanced on behalf of the respondent nos.4 to 7.