BHOLA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition arises from a proceeding under Section 48-D of the Bihar Tenancy Act ('the Act' for short). The petitioners filed application for declaration of their status as tenant with respect to the land in question claiming to have acquired occupancy right as under-raiyat, before the Anchal Adhikari, Bhawanipu'r, the Collector under the Act for the purpose of Section 48-D. The said application was allowed after inquiry etc. on 15-5-2000. Against the order Paras Nath Mishra, Anku Kumari and Anshu Kumari preferred appeal before the Sub-divisional Officer, Dhamdaha. By order dated 4-4-2002 the appeal was allowed and the order of the Anchal Adhikari, Bhawanipur was set aside. The petitioners have approached this Court for quashing the order of the Sub-Divisional Officer.

(2.) The Sub-Divisional Officer, inter alia, held that should the petitioners so desire, to prove their possession over the land in question, they may file application under Section 48-E of the Act whereafter alone they would be entitled to claim status of Kayami raiyat under Section 48-D. Thus, after favourable decision in Section 48-E proceeding, if any, they would be entitled to file fresh application under Section 48-D.

(3.) The question as to whether for filing application under Section 48-D it is necessary for the applicant to first get declaration under Section 48-E, being common in CWJC Nos. 4250/2002 and 5043/2002 the petition was made analogous. However, the present case got stuck up at the notice stage. The other two cases were listed for hearing and decided on 10-2-2003. The judgment titled Dilip Goswami v. Anukul Chandra Verma has since been reported in 2003 (2) PLJR 211. On consideration of authorities on the point the. Court held as follows :