IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8016 of 2001 DEO KUMAR PRASAD BHAGAT Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :Mr. Jagdish Pd. Bhagat, Advocate For the Respondent nos. 4 to 6: Mr. R.C. Thakur, Advocate 05/ 18.9.2008 Heard learned counsel for the petitioner and the counsel for the private Respondent Nos. 4 to 6, who have also filed counter affidavit, which is taken on record. 2. The two impugned orders in the instant case are dated 1.3.2001 and 22.8.2000, Annexure-8 and 7. Under the impugned order dated 1.3.2001, Annexure-8, Revenue Appeal No. 32 of 2000-2001 filed against the order dated 22.8.2000, Annexure-7 passed by the Circle Officer, Banmankhi, Respondent no.3 under Section 48D of the Bihar Tenancy Act (hereinafter referred to as the Act) was dismissed. 3. It is submitted on behalf of the petitioner that declaration under Section 48D of the Act can be granted in favour of under raiyat, if the Collector under the Act records a finding that petitioner is a share cropper for more than 12 years in continuity. In this connection, it is submitted that earlier private Respondent nos. 4 to 6 are alleged to have been threatened by Respondent no.7 and the petitioner herein and they filed B.T. Act Case No. 7 of 1995 praying inter alia to restrain their ejectment from the lands in question, which case was disposed of in favour of private Respondent nos. 4 to 6 under orders dated 27.7.1999, as contained in Annexure-5 to 2 this application, against which petitioner herein filed Revenue Appeal No. 126 of 1999 before the Collector, Purnea and the Collector, Purnea allowed the said appeal, which statement has been made in paragraph 10 of the counter affidavit filed on behalf of private Respondent nos. 4 to 6. 4. As the appeal filed against the order restraining ejectment of private Respondent nos. 4 to 6 from the lands in question, has been allowed and the matter has been remitted back to the Deputy Collector, Land Reforms, Banmankhi, which is still pending, in consideration of such fact, the impugned orders dated 1.3.2001 and 22.8.2000, Annexures-8 and 7 to this writ application are set aside and it is observed that the rights of the private Respondent nos. 4 to 6 under Section 48D of the Act over the lands in question shall be subject to the result of the 48E matter pending before the Deputy Collector, Land Reforms, Banmankhi. 5. Petitioner and private Respondent nos. 4 to 6 are directed to appear in the Court of Deputy Collector, Land Reforms, Banmankhi in connection with B.T. Act Case No. 7 of 1995 on 10.11.2008 before whom private Respondent nos. 4 to 6 are at liberty to make prayer for interim protection. 6. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)