IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.615 of 2002 PRASADI MANJHI & ANR Versus THE STATE OF BIHAR & ORS -with- CWJC No.840 of 2002 MADHU MANJHI & ANR Versus THE STATE OF BIHAR & ORS ----------- 5. 26.09.2008. Heard learned counsel for the petitioners and the State. 2. Both the writ applications are directed against the order dated 24.11.2000 passed in Bataidari Case No. 31 of 1999-2000, Annexure-1, whereunder the Collector under the Bihar Tenancy Act, 1885 (hereinafter referred to as “the Act”) i.e. Deputy Collector Land Reforms, Banka has refused to initiate proceeding under Section 48E of the Act holding that during the survey operations petitioners were not recorded as Bataidar of the lands in-question as also their earlier attempt for initiation of the proceeding restraining the land lord from ejecting them from the lands in-question was rejected in the year 1982. The Collector under the Act has given reasons for having not found prima facie case for initiating the proceeding for restraining the Raiyat from ejecting the petitioner from the lands in- question, which reasons do not appear to be frivolous. 3. In the circumstances, I am not inclined to interfere with the impugned order dated 24.11.2000 passed in Bataidari Case No. 31 of 1999- 2000, Annexure-1 and both the writ applications are accordingly dismissed. P.K.P. (V.N.Sinha,J.)