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Patna High Court

Madhukar Yadav @ Triveni YadavversusThe State Of Bihar and Ors

Decided
Disposal
ALLOWED

Holding

The order of the D.C.L.R. dated 01.12.2014 is set aside and the matter must be referred to a duly constituted Batai Board as required under Section 48(E) of the Bihar Tenancy Act.

Summary

Madhukar Yadav filed a petition under Section 48(E) of the Bihar Tenancy Act, 1885 seeking declaration as a Raiyat (Bataidar) over land he had cultivated for over 55 years and to prevent alleged unlawful ejectment by the land holders. The Deputy Commissioner of Land Reforms (D.C.L.R.) rejected his application without referring the dispute to a Batai Board, as mandated by Section 48(E)(3). The petitioner contended that the D.C.L.R. acted contrary to the Special Bench decision in Dhanji Singh v. State of Bihar, which requires a prima facie finding of a Batai dispute and referral to a Board before any final order. The High Court held that the D.C.L.R.'s order was illegal because the Board was not constituted, and set aside the order, directing the matter to be referred to a duly constituted Batai Board. The writ petition was allowed, and the case was remitted for proper procedure.

Issues considered

  • Whether the D.C.L.R. was required to refer the petition under Section 48(E) to a Batai Board before deciding the claim.
  • Whether the order rejecting the petition without Board referral is legally sustainable.
  • Whether the writ petition is maintainable in view of the procedural requirements of the Bihar Tenancy Act.

Legislation cited

Subjects

  • Bihar Tenancy Act
  • Section 48(E)
  • Batai dispute
  • Raiyat
  • Under‑Raiyat
  • Batai Board
  • Land reform
  • Writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.2511 of 2015
                 ======================================================
                 Madhukar Yadav @ Triveni Yadav, son of Late Punai Yadav, resident of
                 Village-Purushottampur, P.S. & Anchal-Asarganj, Dist.-Munger
                                                                             ... ... Petitioner/s
                                                     Versus
                 1. The State of Bihar through the Collector, Munger.
                 2. The Land Reforms Deputy Commissioner, Tarapur, Munger.
                 3. The Circle Officer, Tarapur, Munger.
                 4. Baida Singh, son of Late Mathura Singh
                 5. Baua Singh, son of Late Mahesh Singh
                 6. Manoranjan Singh, son of Late Nandan Singh
                 7. Niranjan Singh, son of Late Nandan Singh
                 8. Bindeshwari Yadav, son of Late Paran Yadav,
                 All residents of Village and P.O.-Ganganiya, P.S. and Anchal-Sultanganj,
                 Dist.-Bhagalpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Abdul Mannan Khan, Adv.
                                                 Mr. Binay Kumar, Adv.
                                                 Mr. Shive Kumar, Adv.
                 For the State           :       Dr. Mankeshwar Tiwari, AC to AAG-3
                                                 Ms. Divya Verma, AC to AAG-3
                 For the Respondent/s    :       Mr. Sudhir Kumar Mishra, Adv.
                                                 Mr. Subhash Kumar Jha, Adv.
                 For the Private Respondent/s:   Mr. Sudhir Kumar Vishnu, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

7   07-04-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the State and learned counsel for respondent

                   nos. 4 to 8.

                                 2. The petitioner is aggrieved by the order dated

                   01.12.2014 passed in Tenancy Case No. 01 of 2013-14 by
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          the respondent-D.C.L.R., Tarapur, Munger, as contained in

          Annexure-1 to the writ petition, whereby, the petition filed

          on behalf of the petitioner under Section 48(E) of the Bihar

          Tenancy Act, 1885 (in short B.T. Act) for his declaration as

          Raiyat for the land in question, has been rejected without

          referring the matter to the Board under Section 48(E)(3) of

          the B.T. Act.

                      3. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner filed a petition under

          Section 48(E) of the B.T. Act for his declaration as under-

          Raiyat (Bataidar) over the land in question and also for

          preventing the land holders from unlawful ejectment from

          his tenancy over the land in question on the basis of which

          Tenancy Case No. 01 of 2013-14 was instituted. Upon

          considering the aforesaid application, the learned D.C.L.R.,

          Tarapur, Munger, initiated a proceeding for preventing the

          landlord from ejecting the petitioner under-Raiyat of the

          land in question. Accordingly, the notices were issued to the

          land holders (Raiyat). It is further pleaded that there was a

          bonafide Batai dispute between the parties. It is further

          stated that the petitioner has been cultivating the land in
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          question for more than 55 years since the lifetime of the

          petitioner’s father and was giving half share of the crops to

          the land holders-respondent nos. 4 to 7. In the year 2013-14,

          he had sown and grown the aforesaid land, but the

          D.C.L.R., Tarapur, Munger had illegally seized the entire

          paddy crops through the C.O., Asarganj, which were being

          harvested by the petitioner. The crops are lying in the

          ‘Khaliyan’(where harvested crops are stored), which is in

          the custody of C.O., Asarganj. It is further contended that

          respondent nos. 4 to 7 are trying to disturb the peaceful

          possession of the petitioner over the land in question and

          threatened with unlawful ejectment from the said land.

                      4. Learned counsel for the petitioner submitted

          that the learned D.C.L.R. without constituting the Board as

          provided under Sub-section (3) of Section 48(E) of the B.T.

          Act rejected the application filed under Section 48(E) of the

          Act and further held that the claim of the petitioner as

          ‘Bataidar’ has not been proved by the petitioner.

                      5. Reliance has been placed by the learned counsel

          for the petitioner in the case of Dhanji Singh Vs. The State

          of Bihar & Ors. reported in 1979 PLJR 247, wherein, a
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          Special Bench of this Court has held that a proceeding

          under Section 48E can be initiated only after the Collector

          is satisfied that one of the three requisite conditions

          mentioned in the section exists. On what material and in

          what manner the Collector shall be satisfied about existence

          of one or the other requisite conditions for initiation of the

          proceeding, no hard and fast rule can be laid down. It will

          depend on the facts and circumstances of each case and also

          he must refer the matter to the Board and the Board shall be

          constituted under the provision of the Act. Therefore, the

          Collector under the B.T. Act ought to have referred the

          matter to the duly constituted Batai Board in terms of

          Section 48 (E) (3) and (4) of the B.T. Act and only after

          recommendation of the Batai Board, final order could have

          been passed by the respondent-D.C.L.R. either accepting

          the claim raised on behalf of the petitioner or rejecting his

          claim, but at that stage, the respondent-D.C.L.R. could not

          have converted the aforesaid proceeding in a mini trial and

          could not have decided the Batai claim of the petitioner on

          merits at the stage of Section 48(E)(1) of the B.T. Act.

          According to him, the impugned order passed by the
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          respondent-D.C.L.R. is in the teeth of the Special Bench

          Case on the basis of judicial pronouncement made by the

          Special Bench of this Court.

                      6. On the other hand, learned counsel for

          respondent nos. 4 to 8 submits that writ application is not

          maintainable. According to them after rejection of the order

          passed under Section 48(E), the petitioner has to file appeal

          before the competent authority and there is no relationship

          between the land holder (raiyat) and Bataidar (under-raiyat)

          and denied the claim of the petitioner as Bataidar.

                      7. Having heard the learned counsel for the parties

          and on analysis of the averments in the writ application as

          well as the impugned order passed by the D.C.L.R.,

          Tarapur, Munger as contained in Annexure-1, this Court is

          of the opinion that the impugned order dated 01.12.2014

          passed by the respondent-D.C.L.R., Tarapur, Munger cannot

          be sustained in the eye of law. The Special Bench of this

          Court in the case of Dhanji Singh (supra) has laid down

          the principle in paragraph nos. 7, 8 and 11 that once a

          petition under Section 48 (E) of the B.T. Act is filed by any

          claimant, then the Collector under the B.T. Act is required
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          to find out only prima facie case of bonafide Batai dispute

          between the parties. If the Collector under the B.T. Act finds

          that there is prima facie case of bonafide Batai dispute

          between the parties then the matter is required to be referred

          to duly constituted Board and only after recommendation of

          Batai Board after following the procedure prescribed under,

          the final order can be passed but at that stage the landlord

          cannot be permitted to convert the initiation of proceeding

          in a mini trial or a parallel inquiry and without constitution

          of Batai Board, the order passed by the D.C.L.R., Tarapur,

          Munger is not tenable in the eye of law.

                      8. Having regard to the discussions made

          hereinabove, the impugned order dated 01.12.2014 passed

          in Tenancy Case No. 01 of 2013-14 by the respondent-

          D.C.L.R., Tarapur, Munger as contained in Annexure-1 to

          the writ petition is, hereby, set aside and the matter is

          remitted to the respondent-D.C.L.R., Tarapur, Munger with

          a direction to refer the matter to a duly constituted Batai

          Board, whereafter, the matter shall be decided in accordance

          with law after following the procedure prescribed under

          B.T. Act and rules made thereunder after due notice to the
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                      parties.

                                  9. In order to expedite the matter, the petitioner is

                      directed to appear before the respondent-D.C.L.R., Tarapur,

                      Munger, within a period of six weeks from today alongwith

                      a certified copy of this order, whereafter, the respondent-

                      D.C.L.R., Tarapur, Munger shall call upon the parties to

                      nominate their Panches and thereafter, the matter shall be

                      referred to duly constituted Batai Board for deciding in

                      accordance with law.

                                  10. In the result, the writ application is allowed to

                      the extent indicated above.



                                                  (Khatim Reza, J)
prabhat/-

U


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