MUKHLAL RAM Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This writ application has been filed for quashing of an order dotted 14-8-1982 (Annexure-3) whereby the Deputy Collector, Land Reforms (Respondent No. 1) has rejected the application of the petitioner filed under Sec. 48E of the Bihar Tenancy Act, 1885 (hereinafter referred to as the Act).

(2.) The Petitioner filed an application before the Anchaladhikari, Dinara, stating therein that he was the under raiyat of Kashi Sail (respondent No. 3) with respect to the land in dispute since last 24 years It was alleged that the respondents along with their supporters, were trying to dispossess him from the land in question. A prayer was made to restrain the respondents from interfering with his possession. The Anchaladhikari through his letter dated 3-6-1982, sent the application of the petitioner before the Deputy Collector Land Reforms (DCLR) for proper action. Upon receipt of the application of the petitioner, the D.C.L.R. by his order dated 25-6-1982 issued notices to both the parties to show cause why a proceeding under Sec. 48E of the Act be not initiated.

(3.) On 13-7-1982, the D.C.L.R. directed the Anchaladhikari and the Officer Incharge of Dinara to see that the petitioner is not dispossess from the land. Thereafter, respondent No. 3 appeared and filed his show cause, denying the claim of the petitioner that he was an under-raiyat with respect to the land in question. It was also pointed out that out of three plots over which the petitioner .as raised dispute, two plots, that is, plot Nos. 620 and 535 appertaining to khata No. 159 belong to Radh Krishna Prasad and this respondent had no concern with such land. The respondent No. 3 only claimed Plot No. 1595 Khata No. 159. In the petition which was filed for initiating a proceeding, respondent No. 3 Kashi Sah was shown as landlord of all the three plots.