This case has been instituted in the light of the original record received by the Sub-Divisional Officer, Pakur, vide letter no. 41/DB, dated 21.04. 2025, related to PD case no. 05/2022-23 (Ravi Kisku etc vs Nirmal Tudu, Gram Pradhan, Mauja Paderkola) of his court, in which after hearing the PD case no. 05/2022-23 instituted by him in his court, on 11.04. 2025, passing the final order recommending the dismissal of the leaseholder Gram Pradhan Nirmal Tudu of Mauja-Paderkola under Anchal Amdapada, father-Late Somnath Tudu, resident of Paderkola, Police Station and Anchal Amdapada, District-Pakur (Jharkhand) from the post of Gram Pradhan of Mauja Paderkola.   In the light of the proposal received, notice was issued to both the parties for hearing. The report of service of the issued notice was received. On behalf of the applicants, a total of 28 applicants presented their side by appearing in the court through their nominated advocate on 23.05.2025. The opposing Gram Pradhan appeared in the court through his nominated advocate and his nominated advocate presented his side before the court. Thereafter, after hearing the final arguments presented by both the parties through their respective nominated advocates, the described case record was fixed for final order.   Heard the final arguments presented by the nominated advocates of both the parties and observed the entire record of the lower court along with the order passed by the Sub-Divisional Officer, Pakur in PD case no. 05/2022-23 of his court on 11.04.2025. The case was filed in the court of Sub-Divisional Officer, Pakur. Later, in the light of the application submitted by the raiyats of the said mauza against the opposing village head, the Zonal Officer, Amdapada got the investigation done. The investigation report has been submitted to the lower court by the Zonal Officer, Amdapada through his office letter no. 225/Ra., dated 06.05.2023 as well as letter no. 319/Ra., dated 18.07.2024, which is as follows point wise:-   1- Daag No. 2289 area 42B-00K-00Dhur of Mauza-Paderkola is recorded as pasture land in the survey khatian. There is a pond on a part of the Daag No. 2289 pasture land and Raiti land, which is in the possession of Agan Soren. Prem Murmu, father-Mera Murmu, Cyril Murmu, father-Benajar Murmu and their ancestors are farming on a part of the said Daag.   2- Daag No.-1442. Area-07B-02A-16Dhur "Gauchar" part of the land has a pond about 20 years old which is used by Shyamlal Kol, father-Chudka Kol.   3- Dag No.-2383, Area-17 B-1650-19 Dhur "Partial area of ​​grazing land is being cultivated by Sayanel Marandi, father-Late Bonesal Marandi and Babudhan Marandi, father-Bhela Marandi.   4- Dag No.-2231, Area-04B-0850-09Dhur "Partial area of ​​grazing land is being cultivated by Kushal Marandi, father-Jetha Marandi, Suniram Marandi, father-Kushal Marandi.   5- Under Dag No. 853 of Mauza-Paderkola, area 08B-1150-04dhur of "old Patit" land, area 00B-03A-00dhur land has been settled by the Pradhan to Mohammad Khalilur Rahman, Village-Bada Sarsa, Littipada and Baijnath Thakur, Village-Tarapur, Anchal Hiranpur has been settled through Gram Sabha. Both the above mentioned persons are not Jamabandi Raiyat of Mauza-Paderkola.   6- Daag no.-853, area-08B-1150-04dhur ancient degraded land, part area-00B-0350-00dhur land has been settled by the village head with Kishtu Tudu sa-Paderkola. On which a house has been built by Kishtu Tudu, in which Vananchal Gramin Bank is running, whose rent is collected by Kishtu Tudu. Nirmal Tudu (opponent) has laid the foundation for building construction on a part of the same daag.   It was done. Which has been removed at present.   7- Dag No. 1082, area-01B0-0950-01Dhur is recorded in the survey khatian as "Bazaar", on a part of which a temporary clinic has been opened by Shambhu Nath Raut, Village-Tarapur, Area Hiranpur and on a part of Dag No. 1084 variety "Bazaar" a temporary clinic has been opened by Umakant Upadhyay, Village-Bhagalpur, present Patta-Basmati, Area Adapada.   A temporary hut has been built by non-Jamabandi Raiyat Shrinath Pahariya on a part of the area of ​​Dag No. 1082 type "Bazaar". Dag No.-2434, Area-04B-1100-07 Dhur Type " House has been built by Mohan Marandi on a part of the road land.   10. Nirmal Tung (opponent in this case) has taken Rs. 17600/- as outstanding rent for four years from Shrinath Soren, a rayat of Jamabandi No. 31. Nirmal Tudu Pradhan has misused his duties and authority.   The land of Dag No. 2289, 1442, 2383 and 2231 of village Paderkola which is mentioned as grazing land in Sarv Khatian, is being used by many people by illegally occupying a part of the said land by making ponds and fields. No action of any kind was taken by the opponent (Gram Pradhan) for years to remove the illegal encroachment of grazing land and neither did he give any information to his higher officials for taking action against the illegal landlords. In the reply filed in the lower court regarding the allegations leveled against him by the opponent Gram Pradhan, he stated that he was unaware, but neither did he give any concrete/logical answer in the lower court nor before the undersigned in the mentioned case regarding his ignorance. The entire responsibility of taking care of the grazing land and road land of the village for public use lies with the concerned Gram Pradhan. In such a situation, as a result of the investigation conducted under his Mauza, many cases came to light, including illegal encroachment on pasture land, building a house on land of Kiram Rasta, as well as transfer of ancient Patit land not to the Raiyats of the said Mauza but to the Raiyats of other region, a resident of another state doing business on the market land mentioned in the survey Khatian and in relation to all these cases, the opposition Gram Pradhan in his defense said that he was not aware of all these things and he was unaware of them, which is not acceptable. It appears that illegal encroachment has been made by the encroachers on Kiram Gochar, Rasta, ancient Patit and market land with the consent of the opposition Gram Pradhan. Along with this, the opposition Gram Pradhan has collected many times more amount than the prescribed rent from the Raiyat of Jamabandi No. 31 in lieu of rent payment. Without complying with section-29 of the Santhal Pargana Tenancy Act-1949 which states that a mulraiyat, pradhan or village headman shall not settle any waste land or vacant holding with himself or any co-mulraiyat without the previous sanction in writing of the Deputy Commissioner, he settled land measuring 03q under plot no. 853 to his cousin Kishtu Tudu and [1:49 pm, 23/6/2025] Jai Hind: On the said settlement land, Kishtu Tudu has constructed a house and given it on rent. Regarding the removal of the village head, Section 2 and 3 of Schedule V of the Santhal Pargana Tenancy Act-1949 and Supplementary Act-1950 states that   On account of any proved fraud, violence, contempt of Court or other grave misconduct or of such oppressive or inconsiderate treatment of the raiyats or gross neglect of their interest as may be considered to unfit him for the post.   For destroying, damaging of failing to guard the common property and recorded rights of the village, or for collecting from raiyats in excess of the settlement of the settlement rates.   The Pradhani Patta given to the Gram Pradhan is given under Schedule-III of the Santhal Pargana Tenancy Supplementary Act-1950. Clauses 4 and 7 of the said Patta clearly mention the duties of the Gram Pradhan and for full compliance of these duties, the Gram Pradhan submits a confession as per Schedule IV, through which he gives his consent to discharge his duties with full devotion and on the basis of the said consent, the Gram Pradhan is honoured by giving him the Pradhani Patta. It is clear that the opponent Gram Pradhan of the described case, despite having clear knowledge of his responsibilities and duties, has acted contrary to his responsibilities and duties and on this basis, the learned Sub-Divisional Officer, Pakur, after hearing the PD case no. 05/2022-23 of his court, passed an order on 11.04.2025 and recommended the removal of the opponent Gram Pradhan from the post of Gram Pradhan of Mauza-Paderkola.   In the above context, confirming the recommendation received from the learned Sub-Divisional Officer, Pakur, regarding removal (dismissal) of the opposition Village Head from the post of Village Head of Mauza Paderkola, the opposition Nirmal Tudu father-Late Somnath Tudu, resident of Paderkola, Police Station and Zone Amdapada, District-Pakur (Jharkhand) is removed (dismissed) from the post of Village Head of Mauza-Paderkola.