NOOR MOHAMMAD MIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) SINCE similar facts and common questions of law are involved in all these Writ Petitions, they have been heard together and are being decided by this common judgment. For the sake of convenience, facts of C.W.J.C. No. 502 of 1986 are being considered, as agreed by learned counsel for the parties.

(2.) THE petitioners made an application under Section 48E of the Bihar Tenancy Act (hereinafter referred to as the Act), copy of which has been annexed as Annexure -2 in which Respondent No. 4 and the deceased Respondent no. 5 had been impleaded. It was prayed by the petitioner that he was a bataidar and therefore should not be dispossessed by the landholders.

(3.) THE Collector under the Act by the impugned order dated 2.11.1985 (Annexure -1) rejected the application holding that since the petitioner had not been cultivating the land for over 12 years and had not acquired occupancy right as envisaged under Section 48C of the Act, the Act is not applicable. In the Writ Petition it has been stated that Respondents 4 and 5 are owners of the land described in Annexure -2 and the relationship between the petitioner and the private respondents is that of under -raiyat and landlord.