SATYA NARAIN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these writ applications are directed against dt. 13-7-1981 and as Contained in Annexure-5 series to the writ application.

(2.) The facts of the case lie in a very narrow compass. The private respondents in each case filed applications against the petitioners before the Collector under the Bihar Tenancy Act, 1885(hereinafter referred to as 'the Act') purported to be under S.48-E of the said Act.

(3.) From the perusal of the order sheet, dt. 1-9-1980 it appears that although the plaintiffs of those cases nominated their panches, but no panch was nominated by the opposite parties thereof (petitioners of these writ applications). Further from the order dt. 31-1-1981 as contained in Annexure-4 to the writ applications, it appears that panches nominated by the parties were not present during the deliberation of the Panches and consequently the evidence was taken by the Chairman of the Panchayat himself.