Birendra Prasad Sinha, J.

This writ application is directed against an ORDER :dated 8.7.1981 contained in Annexure-2. This ORDER :has been passed under section 48E(8) of the Bihar Tenancy Act (hereinafter referred to as the Act) in Case No. 95/23 of 1980-81 by the Deputy Collector Land Reforms, Madhepura, respondent no. 2 declaring respondent no. 3 as Bataidar over 2.98 acres of land appertaining to khata no. 298, khesra No. 303, Khata No. 200 Khesra No. 304 and Khata No. 181 Khesra No. 230.

2. Respondent no. 3 Lakhan Sahni claimed that he was a Bataidar over 7 plots measuring 9 bighas 28½ (sic) kathas belonging to the petitioner. A Board was constituted and witnesses of both sides were examined. After considering their evidence and other material" on record the learned Anchal Adhikari came to the ultimate finding that respondent has forcibly cultivated the land in question in that year and had sown Kalai in it. It was recommended that if that was acceptable, the respondent no. 3 may be declared as a Bataidar. The relevant portion of the finding, which is in Hindi is quoted hereunder:

^^xk¡o esa nyxr jktuhfr ds dkj.k Li”V :i ls dksbZ fu”i{k O;fDr dqN ugha dg ldkA nyxr yksx v