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1978 Supreme(Pat) 21

HARI LAL AGRAWAL, M.P.SINGH
Haji Taiyab Ali And Another – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This writ application is directed against the order, dated the 13th of June, 1976 passed by the Deputy Collector-in-charge Land Reforms, Naugachhia (Respondent No. 2) in a proceeding started under S. 48-E of the Bihar Tenancy Act, 1885 (hereinafter to be referred to as the Act) on the petition filed by respondent No. 4, Sattam Sharma, on or about the 19th September, 1975, for a declaration of his raiyati limits over the lands in question. On the basis of that application Bataidari Case No. 12 of 1975 was registered by respondents No. 2 and after notice, the parties were directed to nominate their Panchas to constitute the Bataidari Board. The landlords, who are the petitioners before us, had nominated one Satto Choudhary as their Panch. This Panch did not participate in any of the proceedings of the Board, rather an application was filed by the petitioners before respondent No. 2 that their Panch would not participate in the meeting of the Board, which was scheduled to be held at Village Shaho Parbatta. The ground for non-participation of the petitioners Panch was apprehension of overt acts on his person at the instance of respondent No. 4. In the counter-affidavit that












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