ABDHESH KUMAR SHUKLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The order dated 17th of September, 2013 passed by the learned Single Bench of this Court in C.W.J.C. No. 8417 of 2006 is subject matter of challenge in the present Letters Patent Appeal. By the aforesaid order, the learned Single Bench remitted the matter to the Deputy Collector Land Reforms (for short "the Collector"), Araria with a direction to refer the dispute to Board in terms of Section 48E(3) and (4) of the Bihar Tenancy Act, 1885 (hereinafter referred to as "the Act").

(3.) The facts in brief are that Respondent No. 4 herein filed a petition under Section 48E of the Act before the Collector, Araria. The Collector issued notice to the land owners to find out as to whether there is sufficient material that calls for reference to the Board or not. After hearing the landlord, the Collector framed an opinion that the applicant has miserably failed to make out a prima facie case. Therefore, the application was rejected. An appeal was preferred against the said order which was dismissed on 22nd of May, 2006. Still aggrieved, a writ application was filed in which the impugned order has been passed.