.... The lower appellate Court, however, has held that the liability of the defendants for the rent of the Sikmi Khata in question must be governed by the provisions of Section 48 ...provisions of Section 48 of the Bihar Tenancy Act, which have already been referred to above, it is manifest that there is a statutory limitation to the amount ...an under-raiyat holding at a money rent can be entitled to recover by way of rent. Evidently, Section 48 must prevail irrespective of any contract that may have been entered into between the parties. The Khatian en...

...respondent no. 7, namely, Ajit Prasad Sah but prior to their purchase, respondent no. 6, namely, Abdul Rauf filed a petition under section 48 E of the Bihar Tenancy Act ..., respondent no. 6 filed a petition under section 48 D of the Bihar Tenancy Act for declaration of his raiyatship right and his case was registered as Case no. ...petitioners by executing three registered sale deeds. However, petition under section 48 D of the Bihar Tenancy Act was allowed by the Circle Officer, Araria in favour ...

..., Dist. Monghyr. According to him, he was in the land for more than 25 years. Respondent 1 who is the owner of the land tried to dispossess him and hence the appellant under the provisions of Section 48-E ...appellant.4. We find that there is no error of law committed either by the Additional Collector or the High Court. The provisions of Section 48-E of the Act are cle...(hereinafter referred to as the ‘Act’) approached DCLR, Sadar for preventing his dispossession. The DCLR, Sadar constituted a Board under the said section and referred...

...counsel for the petitioner submits that in the order passed by Bihar Land Tribunal, Patna, an observation has come that the norms of law as laid down under Section 48(D) of the Bihar ....4. Learned counsel for the State submits that the finding of the Bihar Land Tribunal that the ingredient of Section 48(D) of the Bihar Tenancy ...down under Section of the Bihar Tenancy Act, 1885 (Act 8 of 1885) which states as follows:—48D. Acquisition of raiyati right by occupancy under raiya...

...which the aforesaid order came to be passed, shortly stated, is as follows. The writ petitioner had filed application seeking declaration of his sikmi rights under Section 48 E of the ...Act). He came to this Court challenging the settlement and grant of purcha to the said respondents. Relying on the decision of the Collector under Section 48 E of the ...to 13 treating the same as surplus land of the land-holders under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, (in short the Ceiling...

...1 and 2. Annexure 1 contains an order of the Deputy Collector, Land Reforms under Section 48-E(10) of the Bihar Tenancy Act, 1885, (Act 8 of 1885) (her...referred to as ‘the Act’).2. The Deputy Collector, Land Reforms decided the dispute between an under-raiyat and the landlords under section 48-E(10) of the Act for the reasons that the Board...failed to record its findings and to transmit record to the Collector under sub-section (7) of section 48-E of the Act. In this circumstance the Collector decided the dispute under ...

...considering the matter regarding Section 48-E of the Bihar Tenancy Act which provides a procedure for prevention of threatened ejectment of under Raiya...possession of an under Raiyat unlawfully ejected. The Patna High Court held that during the pendency of the proceeding under Section 48-E of the Bihar Tenancy ...Section 48-E of the Bihar Tenancy Act.8. Therefore, the question before the Patna High Court in the case of ...

...B.P Jha, J.:— This matter arises out of a proceeding under section 48 E of the Bihar Tenancy Act. In this writ petition the petitioner has prayed for...such order either in the order or in the impugned order, this Court is Bound to quash the proceeding under section 48E in the Bihar Tenancy Act.3. It has been consistently held by this...Tenancy Act. The Court can gather this information only on the basis of the order-sheet or on the basis of the impugned order. If there is no mention about taking action under section 48E(6) eithe...

.... Respondent No. 5 to 7 had filed Bataidari Case under Section 48-E of the Bihar Tenancy Act in the Court of D.C.L.R, Begusarai which was numbered as Bataidari ...Chakradhari Sharan Singh, J.:— This is an application for seeking quashing of the order of the Collector, Begusarai dated 03.07.1992 passed in Revenue Appeal No. 18/92 (Sharvan...Yadav v. Krishan Nandan Singh) whereby the Collector has allowed the appeal of the appellant (private respondent) and has remanded the case to the Court of learned Sub-Divisional Officer for...

...application under Section 48 E of the Bihar Tenancy Act before the Deputy Collector Land Reforms for declaring their Bataidar rights over the lands in question. The Bata...ORAL JUDGMENTS.A Khan, J.The petitioner is aggrieved by inaction of the District Magistrate, Araria and the Superintendent of Police, Araria since the year...2004 on the ground that although the petitioner claims to have right, title and possession over the lands as described in paragraph 4 of the writ application, he is under threat by some local persons...

...R.M Lodha, C.J and K.K Mandal, J.:— In the matter of acquisition of raiyati rights by occupancy, determination has to be made by Circle Officer.2. Section 48-D of the ...of Oiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962).(2) The remaining area, if any, in which the under raiyat does not acquire the right of a ...(1) shall be paid as compensation an amount equivalent to twenty four times the rent of the holding in the manner prescribed in this behalf.”3. The forum created under section 48-D is...

...authority under section 48-D of the Bihar Tenancy Act.3. No period of limitation is prescribed for filing an application under...1. Heard counsel for the appellant and counsel for the State. Nobody appears on behalf of the Respondent No. 4 when the case was called out for hearing, though notice has been validly...served on him.2. The writ application has been dismissed by the learned single Judge on the ground that the same was filed after two and half years of passing of the order by the appellate...

...the stage of entertaining the application under Section 48E(1) of the Bihar Tenancy Act a detailed enquiry was wholly unwarranted.6. He further submitted ...the Bihar Tenancy Act reads as follows: “Prevention of threatened ejectment of under-raiyat and restoration to possession under-raiyat unlawfully ejected. (1) If an...Section 48E(1) of the said Act.10. This aspect of the matter had again been considered in Bhaddo Uraon v. State of ...

...preferred this Letters Patent Appeal.3. Appellant had filed an application under Section 48- D of Bihar Tenancy Act, 1885 before the Circle Officer, Arari...the land and house constructed thereupon, on the basis of which, the Circle Officer allowed the claim of appellant under Section 48-D of the B.T. Act, against which, the...municipal area and as such provision of B.T. Act is not applicable as such the application filed by the respondents under Section 48-D of the B.T. Act could not have bee...

...statutory authorities under the Bihar Tenancy Act, 1885 whereby the appeal of the petitioner as against the declaration of the respondent as occupancy raiyat under Section 48 (D) ...dismissed and the order dated 10.07.1995 passed by the Circle Officer in case No. 28 of 1995-96 upholding the occupancy right of the private respondent under Section 48(D) of the Bihar ...statutory authorities under the enactment referred to in Section 9 of 'the Act' which includes the Bihar Tenancy Act, 1885 at Item No. (iii). While Section 9 of 'the Act...

...matter in issue is that even while the appeal filed by the writ petitioners arising from an order passed by the statutory authority under section 48-D of the Bihar Tenancy Act (hereinafter referre...to as ‘the Act’) was yet pending before the appellate authority i.e the Sub-Divisional Officer in Appeal No. 45 of 1993-94 that a fresh proceeding has again been initiated by him under section 48-D of...Jyoti Saran, J.:— This interlocutory application has been filed for expunging the names of petitioner 2(vi) Md. Nezam, petitioner no. 2(vii) Md. Mahfooz and petitioner no. 5 Sk. Alam who...

...has set aside the order of the Anchal Adhikari, Bhargama by which the Anchal Adhikari passed order in terms of Section-48 of the Bihar Tenancy Act, 1885 (herein...survey khatiyan since 1952. In 1992, they filed an application in terms of Section-48 D of the B.T Act for being declared as occupancy raiyat which was allowed by the Anchal Adhikari and has been set...Navaniti Prasad Singh, J.:— Heard Sri. Narayan Singh, learned senior counsel in support of the writ petition and learned counsel for the State. Private-respondents are not present even...

...no. 2 after prima facie finding the respondent nos. 4 to 8 to be ‘bataidars’ over the land in dispute has directed to initiate proceeding under Section 48(e) of the Bihar Tenancy ...and finds substance in the submission of the learned counsel for the petitioner that the impugned order directing for initiation of proceeding under Section 48(e) of the Bihar ...overturned the findings and directed for initiation of proceeding under Section 48(e) B.T Act after constituting Board as provided. The order of the Collector was questioned by...

...contrary to sub-clause (10) of Section 48- E of the Bihar Tenancy Act (hereinafter referred to as the Act) 11/12 ...petitioners have not been able to establish from the order-sheet of either the collector under the Act i.e. D.C.L.R., Hilsa or the Chairman of the Board i.e. Circle Officer, Chandi that the proceeding was...recalled by the collector under the Act from the Chairman of the Board within six months. In the circumstances, submission raised that the proceedings were erroneously recalled, does not have any merit and...

...terms of Section-48 D of the Bihar Tenancy Act (hereinafter in brevity ‘Act’). Petitioners had purchased the land. They allege that they were not made parties to the proceedings....totally misconstrued the provisions of Section-48 D of the Act in relation to the amount payable to the raiyat. Section-48 D of the Act has to be read with the ...petitioners they had purchased the land from the recorded raiyat on 06.12.2005 From the order-sheet of the Circle Officer, it is clear that the application under Section-48 D of the Act by the private...