MOHAN LAL JAMADAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS writ application is directed against the order dated 21.11.1996 as contained in Annexure 6 passed by Respondent No. 3 whereby and whereunder the order passed by the Anchal Adhikari as contained in Annexure 5 dated 27.12.1995 declaring the Petitioners as occupancy under raiyats under Section 48D of the Bihar Tenancy Act (hereinafter referred to as the Act) has been set aside.

(3.) MR . Dhrub Narayan, learned senior Counsel appearing on behalf of Respondent No. 5 on the other hand, submitted that the question of occupancy right cannot be determined under Section 48D of the Act without there being an adjudication under Section 48E of the Act. Learned Counsel further submitted that at no point of time the Petitioners had gone before the authorities and had placed their claim in terms of Section 48E of the Act and, therefore, there was no determination by the authority as to whether the Petitioners had occupied occupancy right. In this connection Mr. Narayan has placed reliance in the case of Kusumlal Mallah V/s. The State of Bihar and Ors. 1996 II P.L.J.R. 339 and in the case of Dinanath Singh and Ors. V/s. The State of Bihar and Ors. 1999 III P.L.J.R. 594.