MD USMAN Vs. MADAN MOHAN SINGH

JUDGEMENT

(1.) This is an application for quashing an order dated 13 -2 -1981 passed by the respondent No. 4 whereby and whereunder the said respondent accepted the report of the Chairman Conciliation Board that is respondent No. 5.

(2.) The learned counsel appearing on behalf of the petitioner questioned the jurisdiction of the respondent No. 4 in passing the said order by drawing my attention to sub -sections (4) and (5 ) of Section 48 -E of the Bihar Tenancy Act. By reason of the provision of the same if any punchas nominated by the party refused to appear in that event the respondent No. 4 had got no other option but to re -constitute the Board. From a perusal of Annexure -1 of the writ application it appears that the Board was not re -constituted although the punchas did not make themselves available for taking part in the conciliation proceedings in terms of the provisions of the statute.

(3.) The learned counsel appearing on behalf of the respondents Nos. 1 to 3 submitted that in the said proceeding the petitioner has withdrawn his case by making a statement that the respondents are in cultivating possession On the basis of the said application, the petitioner's application under Section 48 -E of the Bihar Tenancy Act was allowed to be withdrawn and the proceeding was ordered to be withdrawn by an order dated 20th November, 1979. The petitioner, however, filed an application for quashing the aforementioned Order and the respondent No. 4 by an order dated 16 -1 -1980 recalled the aforementioned order dated 20th November, 1979.