MD.SHAMSUZZAMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) MR . Anisur Rahman, Advocate files Vakalatnama on behalf of the respondent nos. 11 and 12. Let it be kept on record.

(2.) I have heard the parties and perused the records of this case. The writ petitioners are aggrieved by order dated 22.5.2007 passed by the Sub -Divisional Officer, Baisi in Case No. 4 of 2007 -2008 whereby the Sub - Divisional Officer concerned has referred the matter to the Conciliation Board for recording its findings on a petition filed by the respondent 2nd set under Section 48E of the Bihar Tenancy Act, 1885 (hereinafter referred to as "the Act".)

(3.) SHORT facts of the case which stands portrayed in the writ petition is as under: - The respondents 2nd set filed a petition for initiation of the proceeding under Section 48E of the Act beore the Deputy Collector, Land Reforms, Baisi with respect to total 32.18 acres of land appertaining to different plot numbers and khata numbers of Mauza -Kashibari and Thana No. 61 as described in paragraph no.4 of this writ application. Somehow the petitioners came to know regarding the filing of the aforesaid Case No.4 of 2007 -2008 and they filed detailed objection before the authority concerned refuting the allegation not only challenging their claim of being Bataidar but also asserting that at no point of time any relationship of landlord and tenant did exist between the parties. Thus, the prayer was made to reject such application at its very threshold. The Sub - Divisional Officer -cum - D.C.L.R., upon hearing both sides, has referred the matter thereafter to the Conciliation Board. The petitioner has sought quashing of the aforesaid order.