Partha Sarthy, J. – Heard learned counsel for the petitioner, learned counsel for the respondent-State and learned counsel for the respondent nos. 8, 9 and 10

2. The petitioner has filed the instant application for the following relief(s): –

“To issue an appropriate writ, preferably in the nature of certiorari for setting aside the order dated 13.01.2020 passed by the Hon’ble Chairman, Bihar Land Tribunal Patna in B.L.T. case No. - 172 of 2019 by which the order passed by the competent authority on 09.02.2018 in B.L.D.R. case no. 9 of 2017 alongwith the order dated 08.10.2018/ 22.10.2018 passed in Mis. (B.L.D.R) case no. 2/2018-19 passed by the court of Divisional Commissioner, Bhagalpur has been set aside.

(II) To hold and declare that the petitioner had not claimed his right , title and interest over the land in dispute rather the petitioner had approached the competent authority against his threatened dispossession from his ancestral land.

(III) To grant any other relief (s) for which the petitioner may be found entitled to in the facts and circumstances of this case.”

3. The case of the petitioner in brief is that the land in dispute relates to an area of 7 decimal of land appertaining to khata no. 21, khesra no. 181, Mauza Shahabad in Thana no. 94. The name of the petitioner is recorded in the khatiyan. The petitioner and his ancestor were in the possession of the land in question. They have been paying rent and have been granted rent receipts. There is no dispute with respect to their possession.

4. It is further submitted that the petitioner gave an application before the Circle Officer, Pirpainti for measurement of their land and the requisite fee for measurement was deposited by them. The Anchal Amin got the land measured and as per the measurement report the petitioner started construction. However, taking the authorities in conspiracy the private respondents started to disturb the construction work of the petitioner which led to the petitioner filing an application under Section 4(1)(h) of the Bihar Land Disputes Resolution Act, 2009 (hereinafter referred to as ‘the Act’) praying therein for measurement of the land of the petitioner and demarcation of the boundary.

5. By order dated 9.2.2018 (Annexure-4) passed in Land Dispute Case no. 9/2017-18, the application filed by the petitioner was allowed by the Deputy Collector Land Reforms, Kahalgaon. Being aggrieved the private respondents preferred B.L.D.R. Case no. 2/2018-19 before the Divisional Commissioner, Bhagalpur which was dismissed by order dated 22.10.2018 (Annexure-5). Against the said order, the private respondents filed B.L.T. Case no. 172 of 2019 in the Bihar Land Tribunal, Patna. The said case filed by the private respondents was allowed by the learned Tribunal by order dated 13.1.2020 (Annexure-8) against which the petitioner has preferred the instant application for the reliefs mentioned hereinabove.

6. Counter affidavits have been filed in the case on behalf of the respondents.

7. It is submitted by learned counsel for the respondents that the application of the petitioner under the Act was not maintainable in view of the fact that the petitioner is the raiyat of land in question. Reading Section 4(1)(h) of the Act which gives jurisdiction to the competent authority with respect to boundary disputes together with the definition of land as defined under Rule 2(b) of the Act, there is no question of petitioner’s application before the Deputy Collector Land Reforms not being maintainable.

8. The application is opposed by learned counsel appearing for the respondents.

9. Having heard learned counsel for the parties and taking into consideration the averments made, the question with respect to maintainability of an application under the Bihar Land Disputes Resolution Act, 2009 came up for consideration in the Court in the case of Basudev Saw & Ors. vs. The State of Bihar & Ors. which was decided by judgment dated 29.3.2023 passed in C.W.J.C. no. 9536 of 2022. The rel