RAGHU NANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The petitioners have filed the present writ petition under Art. 226 of the Constitution of India assailing the validity and correctness of the order dated 02.09.2006 passed in 48D B.T. Act Appeal Case No. 09 of 2005-06 by the respondent S.D.O., Forbisganj, as contained in Annexure-5 to the writ petition, whereby the aforesaid appeal filed on behalf of the respondent no.4 was allowed and the order dated 19.12.1996 passed in 48D Case No. 23 of 1995-96 by the respondent Anchal Adhikari, Narpatganj, as contain in Annexure-3 to the writ petition, has been set aside.

(3.) The learned counsel appearing on behalf of the petitioners submits that the petitioners have acquired status of occupancy under raiyats over the lands in question, fully detailed in paragraph 5 of the writ petition; therefore, they filed an application under Sec. 48D of The Bihar tenancy Act, 1885 (in short "B.T. Act") before the respondent Anchal Adhikari, Narpatganj for granting them raiyati rights over the lands in question. It is contended that on the basis of the aforesaid petition, 48D Case No. 23 of l995-96 was registered by the respondent Anchal Adhikari, Narpatganj and it was finally allowed on 19.12.1996. However, according to him, the appellate authority has mechanically set aside the aforesaid order by the impugned appellate order dated 02.09.2006 (Annexure-5), which cannot be sustained in law.