Jharkhand High Court
Alok Kumar Mandal vs The State Of Jharkhand And Ors on 9 February, 2016
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 2660 of 2014
Alok Kumar Mandal ..... Petitioner
vs.
1. The State of Jharkhand
2. The Deputy Commissioner, Dumka
3. Nitai Chandra Gorai ......Respondents.
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : Mr. Birendra Kumar, Adv.
For the Respondents : J. C. to A.A.G.
3/9.2.2016 Heard learned counsel for the parties.
Petitioner's prayer is for expeditious disposal of Revenue Miscellaneous Appeal No. 33/201011 pending in the Court of Deputy Commissioner, Dumka on remand by the learned Commissioner, Santhal Parganas vide its order passed in Revenue Miscellaneous Appeal No. 53/201011 dated 3rd December, 2011. As the contents of the pleadings reveal petitioner and private respondent are in contest on the question of appointment to the post of Pradhan of MauzaGandrakpur, Sikaripara, District Dumka under the provisions of Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949.
Earlier the private respondent was appointed on election as Pradhan by order of Sub Divisional Officer, Dumka which was set aside in appeal by Deputy Commissioner, Dumka. On remand, the Sub Divisional Officer, Dumka again passed an order appointing the petitioner as Pradhan. The private respondent preferred an Appeal against the order dated 27th October, 2010 in the instant R.M.A. No. 33/201011 before the Commissioner, Santhal Parganas, Dumka, who set aside the order and remanded the matter to Deputy Commissioner, Dumka to hear both the parties and take a decision. That matter is pending till date.
Counsel for the RespondentState has appeared and filed counter affidavit. He, however, does not oppose the prayer for expeditious disposal of the pending Appeal before the Court of learned Deputy Commissioner, Dumka, if so directed.
In such circumstances, the writ petition is disposed of with a 2. simplicitor direction upon the respondent no.2, Deputy Commissioner, Dumka to consider and decide the R.M.A. no. 33/201011 in accordance with law in an expeditious manner, of course, after giving opportunity to the parties preferably within a period of 16 weeks from the date of receipt/ production of a copy of this order.
(Aparesh Kumar Singh,J) jk