RAGHO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application, under Articles 226 and 227 of the Constitution of India, the petitioners have asked for a writ to quash the order dated 30-4-1954, passed by the Sub-Divisional Magistrate, Arrah, under Section 8(5) of The Bihar Privileged Persons Homestead Tenancy Act, 1947, being Bihar Act IV of 1948, as amended by the Bihar Act 42 of 1951, hereinafter referred to as "the Act". Opposite party have shown cause and, opposite party 4 has also filed a counter-affidavit

(2.) On 15-10-1953, the Sub-Divisional Officer received a petition from Deonarin Chamar. opposite party 4, to the effect that he was a Harilan & he and his family were being harassed in several ways, they were being threatened, and there was a likelihood of their being evicted from their house, by the petitioners. On receipt of this application, the Sub-Divisional Officer Issued a notice to the petitioners to show cause why they should not be proceeded against under the Act, and, also under the Bihar Harijan (Removal of Civil Disabilities) Act, 1949, which is Bihar Act XIX of 1949, and also asked the officer-in-charge, Tarari police station to make an immediate enquiry into the matter and submit his report.

(3.) On 30-11-1953, after perusal of the show cause petition filed by the petitioners, and, the report of the Officer-in-charge, Tarari Police station, the Sub-Divisional Officer decided to hold a local enquiry personally on 12-12-1953.