RAMDEO CHAMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition in for quashing Annexure -4, the order dated 12.4.1982 passed by the Sub -divisional Officer, Buxar (respondent No. 2), on the basis of the recommendations of the Board made under Section 48E(7) of the Bihar Tenancy Act, resulting in dismissal of 3atai cases of the petitioners.

(2.) The short point taken by the learned Counsel for the petitioners is that the Board was not properly constituted on the date it made its recommendations to the Sub -Divisional Officer, Buxar, who, in his turn, confirmed the recommendations of the Board. In this connection learned Counsel for the petitioners draw my attention to the orders dated 14.4.1980, 15.4.1980 and 22.4.1980 showing that the representative of the Bataidars was not present.

(3.) Mr. K.D. Chatterjee appearing on behalf of respondent No. 4, submitted that if the order sheet of the case shows that the representative of the petitioners was absent on two consecutive dates, a case for breach of Rule 3(b) of the Bihar Bataidari Rules may be made out, but the petitioners must demonstrate it to be so. He further submitted that there is no mention in the order dated 15.4.1980 as to the presence and/or absence of the representative of the petitioners, whereas in the order dated 22.4.1980, the Chairman of the Board has mentioned the absence of the representative of the petitioners.