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1978 Supreme(Pat) 23

B.S.SINHA, K.B.N.SINGH
Mahanth Ram Narain Gir – Appellant
Versus
State Of Bihar – Respondent


Judgment

K. B. N. Singh, B. S. Sinha, J.

1. In all these 23 writ applications, the petitioner is the same and, as common question of law and fact arises, with consent of parties, they have been heard together and are being diposed of by this common order.

2. Forty-seven under-raiyats claiming bataidari rights in respect of the lands belonging to the petitioner filed an application under section 48-E of the bihar Tenancy Act (hereinafter referred to as the Act) relating to different parcels of jand appertaining to khata no.3, situate in village Sibsona, p. s. Halsi, in the district of Monghyr. The Land Refoms Deputy Collector, Jamui, respondent no.3, who has the power of a Collector for the purpose of section 48-E ana before whom the application was filed, constituted a Board under sub-section (3) of section 48-E of the Act and referred the dispute to it for settlement between the claimants (under-raiyats) and the petitioner. The Board, by a common order, dated the 4th May, 1975, found the claim of the under raiyats, in respect of fortyseven cases, to be false. A copy of the Boards report has been filed as Annexure i to the writ applications. On receipt of the recommendation of the B












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