SURENDRA PRASAD BISHWAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The present writ application has been filed for quashing the order dated 16.5.1996 passed by the Circle Officer, Araria, in Bataidari Case No. 26/1996-97 as affirmed in appeal by order dated 3.1.2002 passed by the Subdivisional Officer, Araria in Appeal Case No. 61/ 1996-97 in terms of section 48D of the Bihar Tenancy Act on application of respondent No.4. The effect of the said order is that now respondent No.4 has been declared to be the raiyat of the land, in question, as against the petitioners. The State was given several opportunity over last four years to take instruction and file a comprehensive counter affidavit but none has been filed. It was recorded in the order earlier that in absence of counter affidavit either by the State or by the private-respondent, who had since appeared, the Court will proceed on the pleadings available on record. Today again no counter affidavit has been filed on behalf of the State but a counter affidavit has been filed by the sole contesting private respondent, being respondent no.4.

(3.) Heard the parties and with their consent this application is being disposed of at the stage of admission itself.