IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8840 of 2007 1. Master Ahsan @Md. Ahsanuddin 2. Md. Ishlamuddin 3. Kalimuddin @ A. Kalimuddin 4. Abdul Salam @ Mohan, all sons of Sk. Md. Taha 5. Most Garibun Khatoon @ Garibun Nisha wife of Sk. Md. Taha, all residenhts of Village Lalganj, Police Station-Khajanchi Hat, District- Purnia ---- Petitioners. Versus 1. The State of Bihar through Revenue Secretary, Patna. 2. The Commissioner, Purnea 3. The District Magistrate, Purnia 4. The Deputy Collector Land Revenue Purnea 5. The Circle Officer, Purnia 6. Md. Ramjan Ali son of Lal Md. Rizwan resident of Village- Lalganj, P.S. Khazanchi Hat, District Purnea 7. Bibi Saleha khatoon daughter of Late Md. Taha 8. Bibi Halim Khatoon daughter of Late Md. Taha and wife of Md. Musso 9. Md. Salima khatoon daughter of late Md. Taha wife of Sk. Ayub 10. Habib Raza son of Late Munsi Khurshid 11. Shamim Raza son of Late Munsi Khurshid 12. Taskim Raza son of Late Munsi Khurshid 13. Most Gogra wife of Late Munsi Khurshid 14. Bibi Azima daughter of Late Munsi mhurishid 15.Bibi Rabea daughter of Late Munsi Khurshid 16. Bibi Mahmudal daughter of Late Munsi Khurshid 17. Bibi Saiyada daughter of Late Munsi Khurshid 18. Md. Kamruddin 19. Md. Mohiuddin, sons of late Munsi Khurshid 20. Most Jamila Khatoon wife of Late Master Serajuddin 21. Abu Talha son of Late Masterr Serajuddin 22. Tabia Khatoon daughter of Late Master Serajuddin 23. Nayeema Khatoon daughter of Late Master Serajuddin 24. Most Taimun Nisha wife of Late Riyazuddin 25. Osma Alam son of Late Riyazuddin 26. Md. Juned son of Late Riazuddin 27. Bibi Azmoda daughter of late Riyazuddin 28. Most. Kulsum wife of late Sk. Muslim 29. Most. Khairum wife fof late Sk. Muslim 30. Md. Saib son of late Sk. Muslim 31. Md. Shis son of late Sk. Muslim 32. Md. Saman son of late Sk. Muslim 33. Sk. Mahboob son of late Sk. Muslim 34. Sakoor Kamar son of late Sk. Muslim 35. Md. Sahid son of late Sk. Muslim 36. Bibi Rashina Khatoon daughter of late Sk. Muslim 37. Bibi Nasima Khatoon daughter of late Sk. Muslim. 38. Bibi Sanjari Khatoon daughter of late Sk. Muslim 39. Bibi Abda Khatoon daughter of Late Sk. Muslim 2 40. Bibi Abda Khatoon daughtger of late Sk. Muslim 41. Bibi Tuho Khatoon daughter of late Sk. Muslim 42. Bibi Saida Khatoon daughter of late Sk. Muslim 43. Bibi Hamida khatoon daughter of late Sk.Muslim, all residents of Village- Lalganj, p.s. Khazanchi Hat, District- Purnea ------- Respondents. -------------- 2. 10.2.2009 Heard Mr. Shivendra Kumar Sinha for the petitioners, learned Assistant Counsel to Standing Counsel No.17 for respondent nos. 1 to 5, and Mr. Pramod Kumar Mallik for respondent no.6 (Md. Ramjan Ali). This writ petition is directed against the order dated 16.3.2007 (Annexure-1/A), passed by the learned Collector of the district Purnea in Revenue Appeal Case No.41 of 2004 ( Sk. Md. Taha & Ors. Vrs. Md. Ramjan Ali), whereby the appeal preferred by the present petitioners has been rejected and the order of the learned first authority has been upheld. It arises out of 48(E) of the Bihar Tenant’s Holdings (Maintenance of Records) Act, 1973 (hereinafter referred to as the Act). Respondent no.6 herein had preferred an application under section 48(E) of the Act for declaration of Bataidari rights. The same was registered as Bataidari Case No. 02 of 2002-03 (Md. Ramjan Ali Vrs. Sk.Md. Taha & Ors.), which was allowed by the order dated 11.2.2004(Annexure-1),passed by the learned Land Reforms Deputy Collector, Sadar, Purnea, and Bataidari rights claimed by respondent no.6 herein has been upheld. Aggrieved by this order, the present petitioners preferred the appeal which has been rejected by the impugned order. The issues are concluded by concurrent findings of facts. The writ petition is dismissed. Vinay/ ( S. K. Katriar ,J. ) 3