DEO KUMAR DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present Letters Patent Appeal has been filed against the order of the writ Court dated 4.4.2002 in C.W.J.C. No. 4271 of 2002 whereby, in view of the earlier direction of this Court in L.P. A. No. 365 of 2000 disposed of on 12.1.2001, it refused to interfere with the order of the Collector under the Bihar Tenancy Act by which finding a bonafide dispute between the parties he had directed a proceeding under Section 48E of the Act to be initiated and directed the parties to nominate their panches.

(2.) THE contention of learned counsel for the appellant is that the Collector under the Act has erred in not deciding as to whether the land in question was an agricultural land or not and he should have finally decided the dispute between the parties in favour of the appellant -the writ petitioner.

(3.) WE do not find any error in the judgment requiring interference by this Court.