NAGENDRA PRASAD SINGH, J.

1. The petitioner, in this writ application, questioned the legality of an order dtd. 24-1-1978 passed by the respondent Sub divisional Officer, Sasaram, in purported exercise of power under S.48E of the Bihar Tenancy Act (hereinafter referred to as the Act). A copy of that order is Annexure-1 to the writ application.

2. The petitioner filed an application before the respondent Sub-divisional Officer, on 25-1-1977, alleging therein that he was the under raiyat of respondent No. 3 (hereinafter referred to as the respondent) and the respondent along with her supporters were disturbing the possession of the petitioner over the lands in question, as such, the respondent should be restrained from interfering with his possession. A copy of that petition is Annexure-2 to the writ application. The Sub-divisional Officer on that very day asked the Anchal Adhikari, Nasriganj to make enquiry and to submit report. Later, he recalled the said order and directed the project Executive Officer, Karakat to hold local enquiry and report.

The case was adjourned from time to time as the report was not received. Having learnt about the apprehension of breach of peace o