Patna High Court - Orders
Tikam Lal Das vs The State Of Bihar & Ors on 15 January, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2665 of 2007
TIKAM LAL DAS........ Petitioner
Versus
1. THE STATE OF BIHAR
2. The Deputy Collector, Land Reforms, Kishanganj
3. The Circle Officer,Kishanganj
4. Satish Rai
5. Surendra Rai
6. Md. Ainul Haque
7. Sukalia Devi
8. Ramanand
9. Abdul Subhan
10. Aasia Khatoon
11. Matiur Rahman
12. Abdul Jalil ........... Respondents
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02- 15.1.2009 Heard Mr. Najmul Hoda for the petitioners, and Mr. Md.
Anish Akhtar, learned JC to AAG X. The petitioner claims to be the land owner and prays to quash Bataidari Case No.1 of 2006-07 initiated in terms of Section 48E of the Bihar Tenancy Act before the learned Deputy Collector Land Reforms, Kishanganj. A copy of the application under Section 48E is marked Annexure -1 to the writ petition. It is submitted on behalf of the writ petitioner that the application before the learned LRDC is frivolous, inasmuch as the applicants therein claim to be bataidars from bataidars, and is an abuse of the process of the court. Learned government counsel submits that the matter is still pending before the learned LRDC and the writ petitioner may raise all objections available to him in law and facts before the learned LRDC.
2. It appears to me on a perusal of the materials on record including the counter affidavit of respondent nos. 1 to 3 that the matter is still pending before the learned LRDC, Kishanganj. It, therefore, -2- goes without saying that it will be open to the writ petitioner to raise all objections available to him in law and facts before the learned LRDC. This writ petition is, therefore, disposed of with the direction to the learned LRDC that he shall consider all the issues raised by the parties before him, inter alia, the issue whether or not the applicants before him can claim bataidari rights from another bataidar. It goes without saying that the learned LRDC shall dispose of the matter before him by a reasoned order and in accordance with law.
3. The writ petition is accordingly disposed of.
( S K Katriar ) mrl