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1988 Supreme(Pat) 77

S.B.SINHA
Raj Kumar Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.B.Sinha, J.

1. This writ application is directed against the recommendation of the Board dated the 28th December, 1981, as contained in Annexure-2 to the writ application; the order dated the 15th May, 1982, passed by the respondent No. 3 as contained in Annexure-3 to the writ application; and the purcha dated the 27th May, 1982, issued in terms of Sec. 48-E of the Bihar Tenancy Act (hereinafter referred to for the sake of brevity as the said Act) as contained in Annexure-4 to the writ application.

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

3. The respondent No. 5 filed an application purported to be under Sec. 48-E of the said Act as against the petitioner. The petitioner has contended that, although the dispute was referred to the Board, prior to that, he had not been given any notice in terms of the rules framed by the State of Bihar under Section 48-E of the said Act. In terms of Rule 2 of the said Rules, when a proceeding is initiated under Sub-section (1) of Sec. 48-E, the Collector will nominate a person as the Chairman of the Board and simultaneously ask both the landlord and the under raiyat to indicate within three days of his order whether they hav



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