PREM SHANKAR DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) WRIT -petitioner -appellants aggrieved by the Order dated 03.9.2003 passed by a learned Single Judge in CWJC No. 6883 of 2003 has preferred this appeal under Clause -X of the Letters Patent. Short facts giving rise to the present appeal are that in the year 1977 under -raiyat i.e. Bataidar filed application claiming Bataidari right under Section 48E of the Bihar Tenancy Act (hereinafter referred to as 'the Act ').

(2.) The Collector under the Act by order dated 27.5.1999 rejected his claim. Aggrieved by the same the under -raiyat filed CWJC No. 5929 of 1999 before this Court. A learned Single Judge by order dated 15.2.2000 set aside the aforesaid order. Aggrieved by the same the land -holder preferred LPA No. 365 of 2000 before a Division Bench, which affirmed the order of the learned Single Judge but directed the Collector under the Act to first decide as to whether bonafide dispute exists between the parties and in case he finds so, proceed further as provided under Sec. 48E of the Act. The relevant portion of the aforesaid judgment reads as follows: As stated above, the order has to be set aside on the grounds given by the learned Single Judge but after setting aside the order, the matter has to be remitted again to decide as to whether bonafide dispute exists between the parties or not. The question regarding nature of agricultural land is not the only question to be decided at this stage. Accordingly, the Collector under the Act is directed to decide as to whether the dispute is bonafide or not. Taking into consideration special facts of this case, we also direct him to hear both the parties and to take a decision with regard to the said matter within two months from the date of receipt/production of a copy of this order. In case, he comes to the conclusion that bonafide dispute exists between the parties, then he will proceed further as provided under Sec. 48E of the Act, otherwise, he will dispose of the proceeding at the stage of its initiation itself.

(3.) IN the light of the order of this Court the Collector under the Act examined the matter and by order dated 14.3.2002 came to the conclusion that bonafide dispute exists and accordingly referred the matter to Board and nominated the Circle Officer, Buxar as Chairman of the Board. It further directed the Board to make efforts for settlement of the dispute and thereafter remit the matter back to it. The land -holder aggrieved by the aforesaid order filed CWJC No. 4271 of 2002 before this Court and by order dated 04.4.2002 said writ application was dismissed. Thereafter, the land -holder assailed the aforesaid order in LPA 581 of 2002, which was dismissed by order dated 09.5.2002, the judgment reported in 2002 (3) PLJR 625 (Deo Kumar Dubey V/s. The State of Bihar and Ors.).