KALI KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners filed an application for prevention of their threatened ejectment as under-raiyats under Section 48E of the Bihar Tenancy Act (hereinafter to be referred to as "the Act"), as contained in Annexure-1 before the respondent no. 3, before the Deputy Collector Land Reforms, Farbishganj, District-Araria, which was numbered as Application No. 23/2005-2006.

(2.) From the order-sheet of the concerned case it appears that after perusal of the application and after hearing the petitioners on 6.6.2005 the matter was posted for 18.6.2005. On the date fixed notices were directed to be issued against the opposite parties, however, from the order dated 22.7.2005 it appears that, after finding that the opposite parties have remained absent even after notice, a procedure for constitution of the Board for promoting the settlement of dispute between the under-raiyats and the landlord was initiated. The Anchaladhikari, Farbishganj was nominated as Chairman of the Board and the parties were directed to nominate their respective members. From the order dated 25.7.2005 if appears that the petitioners had given the name of the member on their behalf who was nominated as one of the members of the Board. From the order dated 25.8.2005 it appears that initially both the sides were absent but subsequently the opposite parties appeared and the matter was posted on 5.9.2005. However, on 5.9.2005 the respondent no. 3 had reviewed the earlier order on 25.7.2005 and had recalled the order of constitution of the Conciliation Board by nominating its Chairman and had dismissed the application filed by the petitioners finding no prima facie case.

(3.) Being aggrieved by such order, as contained in Annexure-2A, the petitioners have preferred this writ application for quashing of the same.