IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.7177 of 2008 Thakkanlal Sardar @ Thakkan Lal, S/O late Sakhnu Sardar, resident of village Shankarpur, Tola Kaparphora, P.S. Kursakanta, district Araria .. Petitioner Versus 1. The State of Bihar 2. The Deputy Collector, Land Reforms, district Araria 3. Sahavir Sardar, S/O late Sakhanu Sardar 4. Radhe Sardar, S/O late Sakhanu Sardar 5. Kulkul Sardar, S/O late Sakhanu Sardar 6. Mathuranand Sardar, S/O late Sakhanu Sardar 7. Baiju Sardar, S/O late Sakhanu Sardar 8. Sukeshwsar Sardar, S/O late Mohan Sardar 9. Domar Sardar, S/O late Mohan Sardar 10. Harak Chand Sardar, S/O late Homay Sardar 11. Ramanand Sardar, S/O late Hokay Sardar 12. Basant Lal Sardar, S/O late Bahadur Sardar Respondents 3 to 7 are residents of village Shankarpur Tola and orders are village Mehadipur, P.S. Kursakanta, district Araria .. Respondents **** /2/ 24.04.2009 Heard the counsel for the petitioner and the State. 2. This application has been filed for quashing the order, dated 06.02.2008, passed in Case No. 71 of 2007-2008 by the Deputy Collector, Land Reforms, Araria, under Section 48E of the Bihar Tenancy Act, 1885 (in short, ‘the Act’). By the impugned order the application filed by the petitioner under Section 48E of the Act to initiate a proceeding and declare him - 2 - as bataidari with respect to lands of R.S. khata no. 167, plot no. 534 measuring 0.36(1/2) acres, plot no. 535 measuring 0.84(1/2) acres, plot no. 492 measuring 0.48 acres have been rejected. Petitioner’s case is that the land in question originally belonged to Bahadur Sardar, Bharat Chandra Sardar, Sakhnu Sardar and Mohan Sardar. Sakhnu Sardar is the father of the petitioner. In the revisional survey operation these four persons’ name were recorded as kaimidar of the disputed land and name of Phudar Das and Sajuni Mushar were shown as sikmidar in cultivating possession of the land. Sikmi khatas no. 66 and 64 were opened in their names. Sikmi right of recorded Sikmidars were purchased by father of the petitioner in the name of petitioner through two registered sale deeds, dated 17.05.1958 and 5.11.1980. On the basis of these two sale deeds having purchased the sikmi right from the recorded sikdar, petitioner filed application for declaration of his bataidari right under Section 48E of the Act and prayed for sending the matter to the Conciliation Board constituting the Board. Prayer of the petitioner has been rejected by the impugned order. 3. On perusal of the impugned order, I find that the Deputy Collector, Land Reforms, Araria, has discussed the legal - 3 - provisions under Section 48E of the Act. The finding is that sikmi right being not transferable the petitioner can not claim himself to be the sikmidar of land on account of purchasing sikmi right through registered sale deeds. There is no infirmity in this finding as sikmi rights are not transferable. Secondly, the petitioner’s father was kaimidar of the land. After his death petitioner became kaimidar. Simultaneously, he can not claim to be raiyat as well as under raiyat of same land that also on the basis of sale deed transferring sikmi right. The dispute raised by the petitioner under Section 48E of the Act could not have been referred to the Conciliation Board unless a prima facie relationship of land lord under raiyat would have been found by the authority, before whom application under Section 48E of the Act was filed. Since, there was no such relationship, rightly prayer of petitioner for initiating a proceeding under Section 48E of the Act has been rejected. 4. This application needs no further consideration, as such, it is dismissed. Cp:2.S.A. ( Mridula Mishra, J.)