(1.) WE have heard learned counsel for the appellants as well as the learned counsel appearing for the State. No one appeared on behalf of the writ petitioner -respondent.
(2.) IN the instant case, the Collector refused to initiate a proceeding under Sec. 48E of the Bihar Tenancy Act (in short "B.T Act"). The applicant, therefore, preferred an appeal. The appeal was entertained and the matter was remanded back to the Collector. The landlord at that stage approached the writ Court and contended that in terms of the provisions contained in the B.T. Act, an appeal does not lie when the Collector refuses to initiate a proceeding under Sec. 48E of the B. T. Act. The writ Court accepted the contention of the. landlord and, accordingly, allowed the writ application and thereby quashed the appellate order.
(3.) FROM the order of the Collector, it appears that he really proceeded on the basis of an inspection carried out by his subordinate. In view of the law settled by the Full Bench of this Court, the Collector, at the stage of initiating a proceeding under Sec. 48E of the B.T. Act, is duty bound to discharge judicial duty and, accordingly, he could either himself or through a subordinate have the land in dispute inspected for the purpose of arriving at a view as to whether the claim of the applicant that he is an under raiyat may be sustained ultimately or not, but while relying upon an inspection report prepared by a subordinate, as was done in the instant case, it was the boundened duty of the Collector to look into other documents relied by the applicant seeking initiation of proceeding under Sec. 48E of the B.T. Act. In the instant case, as aforesaid, the applicant had relied on an order passed under Sec.145 of Cr.PC which was ignored by the Collector only on the ground that the same is illegible. The fact remains that on the date the order was passed, the applicant was not present. Before concluding the matter, no peremptory notice was given to the applicants to appear. At the same time, no notice was given to the applicants to produce a legible copy of the order passed under Sec.145 of Cr.PC.