SHANKAR MANDAL Vs. DEPUTY COLLECTOR LAND REFORMS BHAGALPUR

JUDGEMENT

(1.) The petitioner filed an application before respondent No. 1 under Section 48E of the Bihar Tenancy Act, 1885 (the Act) in which he, inter alia, stated that he was an under-raiyat within the meaning of the Act in respect of the land in dispute and he was being threatened with ejectment by the landlords. Prayer was made to restrain original respondents Nos. 2 and 3 to interfere with possession of the petitioner as under-raiyat. That application was registered as Bataidari Case No. 1 of 1982-83. Original respondents Nos. 2 and 3 died during the pendency of this writ petition and their legal representatives were substituted. Respondent No. 1 by the order as contained in annexure 1 dismissed that application. This has been challenged in this writ petition.

(2.) The learned single Judge before whom the writ petition was listed for hearing ordered that the case be listed before a Division Bench for hearing. The Division Bench formulated two questions of law involved in this writ petition and ordered that it be heard by a larger Bench. The case, therefore, has been listed before this Bench for hearing.

(3.) The questions of law formulated by the Division Bench were :