1. This writ petition is directed against an order dt/- 7-12-1981, passed by the respondent 2 and as contained in Annexure-2 to the writ petition, whereby and whereunder the respondent 2 rejected an application filed on behalf of the petitioners purported to be under S.48E of the Bihar Tenancy Act.

2. The facts of the case lie in a very narrow compass.

3. On 3-9-1981 the petitioners filed an application under S.48E of the Bihar Tenancy Act before the respondent 2 claiming themselves to be the bataidars in respect of the lands described in para 4 of the writ. petition inter alia on the ground that they are cultivating the said lands on batai for the last 30-40 years, but they have been threatened by the landlord with unlawful ejectments from the said lands.

4. Upon the aforementioned application the respondent 3 was issued notice and he filed an application on 7-9-1981 challenging the maintainability of the said application alia on the ground that he has got 28 acres, 72 decimals of land and the said lands had been partitioned by a compromise decree passed in Title Suit No. 121 of 1970 between and three sons in equal share resulting in allotment of 1/4th share in his favour