AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. Anil Kumar, Sr. Advocate appearing for the petitioner assisted by Ms. Chandana Kumari, Advocate.Â
Heard Mr. Vishal Kumar Rai, A.C. to S.C. IV appearing on behalf of the respondents-state.Â
This writ petition has been filed for the following reliefs:-Â For quashing the order dated 12.05.2008 passed in R.M. Case No. 436/07-08 by
respondent no. 2 whereby the boundaries over the Dag No. 1713, Dumka has been illegally approved in favour of the respondent no. 5, which is
without jurisdiction.Â
Counsel for the petitioner submits that the order which is impugned is wholly without jurisdiction in as much as respondent no. 5 has no authority
under law to demarcate the land.Â
On the other hand counsel for the respondents by referring to the counter affidavit at paragraph no. 11 submits that according to the provisions of
Santhal Parganas Tenancy Rules 1950, Sub Divisional Officer, Dumka has jurisdiction to pass order for demarcation of the land having vested with
the power of Deputy Commissioner under Section 4(vii) (a) of the Santhal Pargana Tenancy (Supplementary Provisions) Act, 1949 and he submits
that in view of this, the order dated 12.05.2008 passed by the Sub Divisional Officer, Ramgarh in Rev. Misc. Case No. 436/2007-08 is legal and valid
and within the jurisdiction of the said authority. No rejoinder to the counter affidavit has been filed.Â
After considering the facts and circumstances of the case and after hearing the counsel for the parties, the sole point which has been argued by the
petitioner on the point of jurisdiction of respondent no. 5 stands answered by paragraph no. 11 of the counter affidavit and this aspect of the matter
has not been denied by the petitioner. Under the facts and circumstances of this case, this Court finds no merit in this writ petition. Accordingly, this
writ petition is dismissed.Â
     Â