LAWS(PAT)-2023-3-27

NARESH JHA Vs. STATE OF BIHAR

Decided On March 29, 2023
NARESH JHA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. P.N. Shahi, learned Senior counsel for the petitioner, Ms. Nutan Sahay, learned A.C. to A.A.G-12 for the State and Shri Nagendra Kumar Singh, learned counsel for the respondent no. 6 The petitioner has filed the instant application for the following reliefs:

(2.) The Collector may, after hearing the parties, about which due notice shall have been given to them or ex-parte, in cases of emergency by an order in writing, prevent the landlord from ejecting the under raiyat until disposal of the proceeding or until further orders and if he is of opinion that any crop or produce of the land which is subject-matter of dispute in the proceeding under this Sec. , is liable to speedy and natural decay, he may, if the situation so warrants and in similar manner as aforesaid direct the proper custody or harvesting or sale, as the case may be, of such crop or produce or the sale proceeds thereof.

(3.) When a proceeding is initiated under sub-sec. (1) the Collector may refer the matter (hereinafter referred to as "dispute") to a Board to be appointed by him, for promoting the settlement of the dispute between the under raiyat and the landlord.