FUDAN LAI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition is directed against the order dated 9.8.96 (Annexure -4), passed by the learned Collector of Araria, in Appeal No. 100 of 1990 -91 (Jageshwar Choudhary V/s. Fudan Lal Mandal), in purported exercise of powers under section 48F of the Bihar Tenancy Act (hereianfter referred to as 'the Act '), whereby he has set aside the order dated 5.10.90 (Annexure -3), passed by the learned LRDC, Araria, in case no. 404 of 1989 -90 (Fudan Mandal V/s. Jageshwar Choudhary). The learned LRDC had allowed the application of the Bataidar (the petitioners herein) under section 48E of the Act and had extended to them the requisite protection from dispossession as Bataidars at the hands of the landlords.

(2.) THE Bataidar (the petitioners herein) had filed an application before the LRDC, Araria, under section 48E of the Act, alleging therein that they are Bataidar with respect to the lands in question owned by respondent no. 4 herein (Jageshwar Choudhary).

(3.) IN the result, this writ petition is hereby allowed.