BALBHADRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State and the learned counsel for the private respondent no. 5.

(2.) This writ petition arises out of a proceeding under Section 48E of the Bihar Tenancy Act (hereinafter, for the sake of brevity, referred to as the 'Act'). It has a checkered history which spans a period of about 35 years. In 1975-76, the Case No. 58 of 1975-76 was instituted by late Rajeshwar Prasad Singh son of Respondent No. 5 seeking protection as under- raiyat as per the provisions of Section 48E of the Act. The claim was in respect of an area of 4 acres 29 decimals of land belonging originally to one Md. Abdul Batil. It appears that during the pendency of the proceeding, Mr. Batil died and the raiyati right over the land vested in his daughter Wahida Khatoon. From him, lands were purchased by the writ petitioners in the year 1984 and since then they are contesting the claim of under-raiyat.

(3.) For the purpose of deciding the relevant issues in this writ petition, it is not necessary to go into past history of the litigation which involved several orders by the authorities under the Act since 1977 and orders of remand even by this Court in an earlier writ petition. Ultimately as per directions contained in the order of remand, a Bataidari Board was constituted which submitted its report through the Circle Officer, the Chairman of the Board in the year 1989. That report has been confirmed and accepted by the D.C.L.R. by his order dated 14th February, 1989, contained in Annexure-9 to the writ petition. That order is in favour of the claim of under-raiyat. Petitioner challenged that order before the appellate court, the Collector, Patna who dismissed the appeal by a reasoned order dated 13th April, 1993 contained in Annexure-12. Those orders by the authorities under the Act are under challenge in this writ petition.