Jurisdiction of Revenue Authorities

The order passed by the Revenue Authorities without deciding the disputed points and without giving opportunity to the parties concerned is bad in law. The revenue authorities are bound to decide the points on the basis of evidence adduced by the parties. [Ram Lal Tatwa v. State of Bihar, 2000(1) P L J R 488 (Pat)]. When the SDO himself was drawing with conclusion on the order of the dismissal for default in the title eviction suit he has committed an error without giving opportunity of hearing to either parties and without deciding the whole matter on the basis of the petition filed under Section 20 by the respondent No. 5 and reply to the show-cause given by the petitioner. The whole process by which the revenue authorities had decided the disputed point of fact and law is unwarranted and the same cannot be sustained. [Ram Lal Tatwa v. State of Bihar, 2000 (1) P L J R 488 (Pat)]. Whether the provisions are ultra vires of Articles 13, 14, 19 (1) (f) and 31 of the Constitution. It is held that Section 42 of the Act is a legislation in respect of Entry 21, List II- State list of several schedule of the Constitution and not violative of being repugnant the provisions of Limitation Act [Bhauri Lal Jain v. Sub-Divisional Officer of Jamtara, 1972 P L J R 415 : A I R 1973 Pat 1: 1972 B L J R 897 : I L R (1972) 51 Pat 533 (F B)]. The Deputy Commissioner may at any time either of his own motion or on an application made to him pass an order for ejectment of any person who has encroached upon, reclaimed, acquired or come into possession of agricultural land in contravention of the Provisions of this Act or any law or anything having the force of law in the Santal Parganas. The Deputy Commissioner, whenever he comes across case of wrongful possession of land held in contravention of the provisions of the Act, is bound to order for eviction as envisaged in the Act. Settlement made in 1949 contrary to the settlement report the settlee is not the 16 Ana raiyat he is liable to be evicted under section 42 of the Act. Deputy Commissioner can exercise his power under Section 42 and evict the person who is an unauthorised possession of the Agricultural land without any time limit.