NARESH PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application arises out of a proceeding started by the petitioner under section 48-E of the Bihar Tenancy Act (to be referred as 'the Act') claiming bataidari right with respect to certain lands sometime in the year 1974-75. After following the procedure prescribed under section 48-E, the Deputy Collector, Land Reforms, respondent no. 3. forwarded the same to the Bataidari Board. The Bataidari Board after holding due and proper enquiry in the matter submitted its report to the Deputy Collector, who disposed of the proceeding in question in agreement with the findings of the Board.

(2.) Although no appeal lay against such an order, the petitioner under some misconception filed an appeal before the Collector of Bhagalpur, who rightly by his order dated 23rd November, 1976 dismissed the same summarily.

(3.) It appears that sometime before the Bataidari case was instituted, two proceedings under section 144 of the Code of Criminal Procedure were drawn up relating to the lands involved in the Bataidari case. Both these proceedings were Subsequently coverted into proceedings under section 145 of the Code of Criminal Procedure and have been decided in favour of the under-raiyats. The landlords have accordingly filed two separate criminal revision applications in this court and petitioner no. 4, Basudeo Yadav is the common petitioner in both these criminal revision application as petitioner no 4 But there are a large number of other persons arrayed on each side in both the revisions which have been ordered to be heard along with the writ application.