MUKHLAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal, at the instance of an under raiyat, is directed against a judgment and order dated December 5,1994 passed by a learned single Judge of this court, dismissing CWJC No. 843/1983 filed by the appellant.

(2.) The appellant filed an application under Section 48-E of the Bihar Tenancy Act (hereinafter referred to as the Act.) before the Circle Officer, Dinara claiming that for the past 24 years he was the under raiyat of Kashi Sah (respondent No. 3) in respect of three plots of land. The Circle Officer forwarded the application to the Deputy Collector Land Reforms, Sasaram who on 25-6-1982 issued notices to both the parties to show cause why a proceeding under Section 48-E of the Act be not initiated. On 13-7-1982, the Deputy Collector Land Reforms passed an order, directing the Circle Officer and the Officer Incharge, Dinara Police Station to ensure that the appellant was not dispossessed from the disputed land. Later, respondent No. 3 appeared before the Deputy Collector Land Reforms and denied the claim of bataidari raised against him by the appellant. It was stated on behalf of respondent No. 3 that the appellant's claim was falsified by the fact that he had described him (respondent No. 3) as the landlord in respect of all the three plots in dispute. According to respondent No. 3, only plot No. 1595 appertaining the khata No. 159, belonged to him and he had no concern with the other two plots in dispute, i.e. plot Nos. 620 and 635 of the same khata which belonged to another person Radha Krishna Prasad.

(3.) On such a plea being raised, the Deputy Collector Land Reforms became satisfied that the appellant's claim was not bona fide and hence by order dated 14-8-1982 he rejected the petition filed by him even without constituting a Board and referring the dispute to it.