IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15971 of 2009 1. RAMBELASH YADAV S/O LATE PRAHLAD YADAV, R/O VILL- NUNIYA TOLA, P.S- KIKTA, IN THE DISTRICT OF WEST CHAMPARAN 2. BISARATHI SAH S/O LATE BIRACHHA SAH, R/O VILL- SARGATIYA DAKAHIN TOLA, P.S- GOPALPUR IN THE DISTRICT OF WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, BETTIAH, WEST CHAMPARAN 3. THE D.C.L.R. NARKATIYA GANJ, WEST CHAMPARAN 4. RAMDHYAN PATEL S/O LATE ANWAT PATEL R/O VILL-DAKHAI TOLA/ P.S GOPALPUR DISTRICT WEST CHAMPARAN 5. RAM ANUGRAH RAO S/O LATE CHANDRADEO RAO R/O VILL-NAUGANWAN, P.S-BATHWARIYA, DISTT- WEST CHAMPARAN ----------- 2. 23.11.2009. Heard learned counsel for the petitioners and the State. 2. Petitioners are the purchasers of the lands in question from aforesaid Ram Anugrah Rao. They have filed this writ application questioning the correctness and validity of the order dated 23.6.2009 passed by the Deputy Collector Land Reforms in Share Cropping Case No.6/2004-05, Annexure-1, whereunder Ramdhyan Patel has been declared to be the share cropper of the lands in question. 3. It is submitted on behalf of the petitioners that the aforesaid order has been passed beyond the prayer made in the petition for initiating a proceeding under Section 48E of the B.T.Act, as it would appear from the petition, Annexure-2 that Ramdhyan Patel had prayed for formation of a Conciliation Board, - 2 - and to pass orders in the light of the proceedings taken before and findings recorded by the Board but the learned Deputy Collector Land Reforms has proceeded to declare Ramdhyan Patel, Bataidar (share- cropper) of the lands in question and has referred the matter to the Sub-Divisional Officer for declaring the share-cropper as occupancy raiyat under Section 48D of the B.T.Act. 4. From perusal of the order dated 23.6.2009, Annexure-1 it is evident that the learned Deputy Collector Land Reforms has declared Ramdhyan Patel as share-cropper of the lands in question without even forming Conciliation Board to resolve the dispute between the landlord and the share-cropper. Such declaration by the Deputy Collector land Reforms is in teeth of the provisions contained in different sub-Sections of Section 48E of the B.T.Act, which is even accepted by the counsel for the State. 5. Having heard counsel for the petitioners and the State, I set aside the order dated 23.6.2009 passed by the Deputy - 3 - N.H./ Collector Land Reforms, Narkatiyaganj in Share Cropping Case No.6/2004-05, Annexure-1 and remit back the matter to the Deputy Collector Land Reforms, Narkatiyaganj, West Champaran to reconsider the matter and form a Conciliation Board and refer the dispute to the Conciliation Board and dispose of the matter in the light of the findings of the Conciliation Board in accordance with law as early as possible in any case within a reasonable time. 6. The writ application is, accordingly, disposed of. ( V.N. Sinha,J.)