KHANTAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Parmeshwar Prasad, learned Counsel appearing on behalf of the petitioner and Mr. S. Pandey, learned Counsel appearing on behalf of respondent No. 3.

(2.) By this writ application, the petitioner has prayed for quashing the orders as contained in Annexures 4 and 5, whereby and whereunder notice was issued to respondent No. 3, the land -holder, and the proceeding under Section 48 -E of the Bihar Tenancy Act, 1885 (hereinafter to be referred to as "Act") was decided against the petitioner.

(3.) It appears that the petitioner filed as application under Section 48 -E of the Act before the authority concerned, to prevent the threatened ejectment by the land -holder, respondent No. 3. Pursuant to the application filed by the petitioner, a case under Section 48 -E of the Act was registered and directions were issued for issuance of notice to the land -holder, respondent No. 3. After appearance of respondent No. 3, the matter was heard by the Collector under the Act and the Collector under the Act having been not satisfied with the genuineness of the claim of the petitioner rejected his claim under Section 48 -E of the Act.