Bharat Mahto vs Mahesh Jaiswal And Others

Gautam Kumar Choudhary, J

Instant petition has been filed under Article 227 of the Constitution against the order dated 26.08.2016 passed by the Civil Judge, Sr. Division I, Deoghar in Miscellaneous Case No.30 of 2014 / 40 of 2014 arising out of Title Execution Case No.7 of 2010.

In T.L. Case No.15 of 1998 suo motu proceeding was drawn against the petitioner by Charge Officer, Tasdik camp Sarawan and order of eviction from his house was passed against the petitioner on 20.6.1998. The order of eviction was upheld by learned Commissioner, Santhal Pargana Division Dumka in Misc revenue case no.293/01-02 vide order dated 18.8.2008.

Respondents then filed Execution Case No.7/2010 before the Court of Sub-Judge-I, Deoghar for execution of order and delivery of possession of schedule property in the light of the order passed in T.L case no.15/98. Petitioner filed Misc Case no. 30 of 2014 u/s 47 of C.P.C. The objections were rejected by the impugned order hence the instant writ petition.

It is submitted by the learned counsel on behalf of petitioner that execution proceeding is to be initiated before the Court which passed the decree under Section 38 of the C.P.C. The case was disposed of by the Charge Officer therefore, the execution case could be preferred only before the said Court and not before the Civil Court. In this case, after initiating the execution proceeding, the respondents at the first instance filed Dakhal Dehani Case No.2/09 before the Settlement Officer, Dumka which was subsequently transferred before learned Special Judge I, Deoghar vide letter no.145-I dated 15.02.2010. No notice was issued by the Assistant Settlement Officer for appearing before the Court in the execution case, rather notice was issued by Sub Judge-I in Execution Case No.7/2010 where the petitioner appeared and filed his objection under Section 47 of the CPC which was rejected, hence, this petition.

It is submitted that dispute is with regard to Plot No.737, Khata No.34/6, Mouza Balidih, P.S. Sarwan, District Deoghar. Delivery of this land had already been effected by the order dated 20.06.1998 by the Charge Officer, Tasdik Camp, Sarwan, initiated suo moto eviction proceeding vide Hastantaran Case No.15 of 1998.

Counter affidavit has been filed on behalf of respondent no.5 wherein specific stand has been taken that delivery of possession has not been effected in pursuance to the order passed in T.L. Case No.15/1998, order dated 20.06.1998. This order has attained finality and the Assistant Settlement Officer suo moto transferred it to the Civil Court for its execution.

The short question for consideration before this Court is whether the execution proceeding can be held before the Civil court with regard to the order passed by the Settlement Officer in Transfer List Case?

The eviction order passed by Assistant Settlement Officer in T.L. Case No.15/98 attained finality after dismissal of the revision petition.

A unique feature of the Santhal Pargana Tenancy Act is that during the period of ongoing survey settlement operation, the title dispute with respect to the entries is decided by revenue authorities and not by Civil Court. Under the Rules for Conduct of Settlement Proceedings in Santhal Parganas, 1978, Assistant Settlement Officer and Settlement Officer to have all the power of a Civil Court for the purpose of obtaining evidence, for disposing objections to survey and settlement proceedings, and of disposing of disputes on questions of right title or other matters arising in connection with such proceeding.

Under the aforesaid facts and circumstance, this Court is of the view that the revenue Court of Settlement Officer had the power of execution and was the proper Court to entertain the execution case as it had passed the eviction order. The Civil Court had no jurisdiction to entertain the execution case and the impugned order passed was without jurisdiction and is accordingly, set aside.

Writ petition is allowed. The answering respondent shall however be at liberty to move the competent court for execution of the order.