AHMAD MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order of the Additional Collector (Ceiling), Saharsa, respondent No. 2 dated 11 -6 -1980 The petitioners are the Bataidars.

(2.) A proceeding under Section 48 -E of the Bihar Tenancy Act (hereinafter referred to as 'the Act') was stated, at the instance of the petitioners before the Bataidari Deputy Collector, Saharsa, who proceeded with the case in accordance with the rules framed under the said provision and referred the parties to the Bataidari Board. The Bataidari Board, however, having failed to transmit the records to the Deputy Collector, in accordance with the scheme laid down under Sub -section (10) of Section 48 -E of the Act withdrew the proceeding from the Board and by its order dated 2 -7 -1977 (Annexure -1) decided the case in favour of the petitioners.

(3.) An appeal was taken before the Additional Collector, as already said earlier, who by the impuged order, Annexure 2, has interferred with the order of the Deputy Collector.