AWADH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these writ applications are founded on almost same Bet of the facts and the points of law, involved for determination, are common. They were heard together with consent of the parties and are disposed of by this common judgment.

(2.) FOR the sake of brevity, the facts of C.W.J.C. No. 4812 of 1982 and the statements made in the affidavit under reply are placed herebelow. Besides this, additional facts, disclosed in other petitions and affidavits filed in reply, will be noticed at the appropriate stage.

(3.) WHILE the matter was pending before the D.C.L.R., respondents No. 5 to 9 appeared before him and on their prayer, they were added as parties to the proceeding. They claimed that they had purchased about 3 acres and 80 decimals of land from respondent No. 4 before initiation of the proceeding under Section 48-E of the B.T. Act by a registered sale-deed on 15.3.1973 and once then they had been in cultivating possession of the same. It appears that after hearing the parties, respondent No. 2 did not agree with the recommendation of the Board and held that the petitioners could not be declared as under-raiyats (Bataidars) under Section 48-E of the B.T. Act. The said order was passed on 6.9.1982, which is under challenge in this case. A copy of the said order has been filed as Annexure-2.