KAMLESHWARI MANDAL Vs. BALGOVIND THAKUR

JUDGEMENT

(1.) This is an appeal under Clause 10 of the Letters Patent against the judgment and order dated 10.9.1979 passed by B.P. Jha, J., a learned single Judge of this Court, in C.W.J.C. No. 1826 of 1977.

(2.) The matter arises out of a Bataidari proceeding initiated under Section 48E of the Bihar Tenancy Act, by one Kamleshwari Mandal and Bishundeo Mandal (respondent Nos. 2 and 3 respectively in the writ application) before the Deputy Collector, Land Reforms, Khagaria, alleging obstruction at the hands of the landlords, being petitioners 1 to 3 of the writ application. A Bataidari Board was constituted consisting of the Block Development Officer, Parbatta, as the President and two Panches nominated by each of the parties. The Board, however, having failed to submit the report within the prescribed time, the Deputy Collector, Land Reforms, withdrew the case from the Board under the provisions of Sub-section (10) of Section 48E of the Act and decided the matter himself in favour of the Bataidars. An appeal was filed by the landlords before the Collector but the same was also dismissed by the Additional Collector, Munger. The landlords accordingly filed the writ application which was placed for hearing before B.P. Jha, J.

(3.) One of the points that was pressed before the learned single Judge was that no endeavour for amicable settlement was made by the Deputy Collector when he proceeded to dispose of the case himself. Accordingly the learned Judge allowed the application and quashed the order of the Deputy Collector and Additional Collector and remanded the case to the Deputy Collector "for fresh constitution of the Board".