GANGA NAND PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the present proceeding under Article 226 and 227 of the Constitution of India, the petitioner has challenged the validity and correctness of the order dated 5.1.1989 (Annexure-5) passed in Batai Case No. 422 of 1984-85 by the respondent D.C.L.R., Araria whereby and whereunder batai claim of the original respondent No. 5, Fakir Das, with respect to a plot of land bearing Khata No. 483 appertaining to plot No. 1112, area 2.50 acres situate at Mouza- Tiraskund in the district of Araria has been allowed in terms of Section 48E of the Bihar Tenancy Act, 1885 (in short B.T. Act) and he has been declared bataidar over the lands in question.

(2.) ON perusal of the materials available on record, this Court finds that for settlement of batai dispute over the lands in question, a Batai Board was duly constituted in terms of Section 48E (4) of the B. T. Act and the matter was referred to the said Batai Board. Whereafter, Batai Board made recommendation in favour of the claimants, i.e. original respondent No. 5. On receipt of the aforesaid recommendation of the Batai Board, the respondent D.C.L.R., Araria in exercise of his powers under Section 48E (7) of the B.T. Act accepted the recommendation of the Batai Board and declared respondent No. 5 as the bataidar over the lands in question. Apparently, the procedure prescribed under Section 48E of the B. T. Act was complied with and only thereafter final order was passed by the competent authority.

(3.) IN the facts and circumstances of the present case, this Court does not find any good ground to interfere with the impugned final order dated 5.1.1989 (Annexure-5) passed by the respondent D.C.L.R., Araria.