This appeal under Clause 10 of the Letters Patent of Patna High Court has been preferred against the order dated 2-8-2010 passed in CWJC No. 12277 of 2010 by the learned Single Judge whereby the learned Single Judge has been pleased to direct the Collector, Banka (Respondent No.2) to consider whether the Board within the meaning of Section 48E of the Bihar Tenancy Act, 1885 (in short ‘the Act’) has been properly constituted in accordance with Section 48E and sub section 5 of the Act and whether it is essential to constitute a new Board in view of efflux of time and the appearance of a third party in the proceeding and pass appropriate orders accordingly.

2. The facts of this case are not much in dispute.

3. Khantar Pandit, father of the appellant filed a petition before the learned Deputy Collector Land Reforms, (hereinafter referred to as the DCLR), Banka, district, Banka under 48E of the Act with the plea that the respondents were trying to evict him from the land belonging to respondents Nos. 5 to 8 over which the said Khantar Pandit was in cultivating possession. The land in question has been described as Khata No. 1; Khesra Nos. 1053 (1425 hectare), 683 (1160 hectare), 696