BIBI PODINA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed by the petitioner for quashing the order dated 23.1.1995, contained in Annexure 5, passed by the Addl. Collector, Purnea, in case No. 246/83, by which he has set aside the order of the DCLR passed in exercise of power of the Collector under Section- 48-E of the Bihar Tenancy Act (hereinafter referred to as the Act), whereby the DCLR has rejected the claim of respondent No. 6 as bataidar.

(2.) Respondent No. 6 filed a petition under Section 48-E of the Act alleging that he is bataidar of the petitioner and he is threatening him to dispossess from the lands of R.S. Plots No. 44 and 45 (total area 0.91 decimals) situated in village Bahadurpur, in the district of Purnea.

(3.) The proceeding was initiated by the DCLR and the matter was referred to the Board. The Board made an attempt to arrive at an amicable settlement, but no amicable settlement was made between the parties. The matter was considered by the Board and if found that respondent No. 6 is not a bataidar and thereafter sent a report to the DCLR, vide Annexure 3. The DCLP agreeing with the said finding passed an order dated 15.12.82 negativing the claim of respondent No. 6 as bataidar.