RAJ KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application is directed against the recommendation of the Board dated the 28th December, 1981, as contained in Annexure-2 to the writ application the order dated the 15th May 1982, passed by the respondent No. 3 as contained in Annexure-3 to the writ application and the purcha dated the 27th May, 1982, issued in terms of Section 48-E of the Bihar Tenancy Act (hereinafter referred to for the sake of brevity as 'the said Act') as contained in Annexure-4 to the writ application.

(2.) The facts of this case lie in a very narrow compass.

(3.) The respondent No. 5 filed an application purported to be under Section 48-E of the said Act as against the petitioner. The petitioner has contended that, although the dispute was referred to the Board, prior to that, he had not been given any notice in terms of the rules framed by the State of the Bihar under Section 48-E of the said Act. In terms of Rule 2 of the said Rules when a proceeding in initiated under sub-section (1) of Section 48-E, the Collector will nominate a person as the Chairman of the Board and simultaneously ask both the landlords and the under-raiyat to indicate within three days of his order whether they have any objection in the nomination on the ground that the Chairman nominated has any connection with the dispute or with any of the party directly affected by the dispute. In terms of sub-rule (b) of the aforementioned Rule 2, the party raising an objection will be heard by the Collector and if the objection is found to be valid another psrson will be nominated as the Chairman. In terms of sub-rule (c) of the aforementioned Rule 2, on the expiry of the period of the three days from the date of the order under clause (a), if no objection has been raised by them or an objection has been disallowed after hearing the party under clause (b), the Collector will appoint the person nominated as the Chairman of the Board.