Rajiv Roy, J.—Heard the parties.

2. The appeal arises out of order dated 27.02.2019 in CWJC No. 2721 of 2019 passed by the learned Single Judge by which holding that the appellant-petitioner failed to establish even, prima facie case, his claims of being a ‘Bataidar’ of respondent no. 5 under Section 48E of the Bihar Tenancy Act, 1885 (henceforth for short, ‘the Act’), the writ petition was dismissed.

3. The facts of the case is/are as follows:

4. The disputes relate to a piece of land appertaining to Khata no.226, Plot no.46 (part) (area 2.88 acres) at Mauza- Supauli, Thana no.271, Bhawanipur in the District of Purnea (hereinafter referred to as the land in question).

5. One Jugeshwar Mandal preferred application under Section 48E of ‘the Act’ in respect of land in question vide case no. 35 of 1993 which was dismissed.

6. In the year 2003, the appellant preferred another petition under section 48E of ‘the B.T. Act’ which gave rise to case no. 23 of 2003. In the said petition, he claimed himself to be the son of Kamleshwari Mandal stating therein that he has taken it as 'Bataidari' from his grand father, Bigan Mandal. The grand father of the petitioner died in the year 1988 whereafter h