IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2100 of 2007 MD.SOHRAB, son of Sk. Hamid, resident of Village – Sarriya, PS Kadwa, District Katihar ……. Petitioner Versus 1. THE STATE OF BIHAR 2. The Sub-Divisional Magistrate, Barsoi, Katihar 3. Mukti Prasad Bhagat, son of late Saryug Prasad Bhagar 4. Kailash Mani, wife of Sri Prasad Bhagar -Respondent nos. 3 and 4 are resident of Village – Parveli,PS Kadwa, District – Katihar 5. Md. Irshad, son of Sk. Bechan 6. Mod. Farooque 7. Md. Dildar - Both are minor sons of Sk. Bechan under the guardianship of their father namely Sk. Bechan 8. Md. Naushad Alam, son of Md. Yunous 9. Md. Zubair Alam, son of Md. Yunous 10. Md. Shish Alam, minor son of Md. Yunous, under the guardianship of his father namely Md. Yunous - all respondent nos. 5 to 10 are residents of Village – Sarriya, PS Kadwa, District -Katihar … Respondents ----------- 03- 30.1.2009 Heard Mr. Md. Musowir for the petitioner, and learned AC to AAG VI. This writ petition is directed against the order, dated 22.12.2006 (Annexure 1), passed by the learned Sub Divisional Officer, Barsoi, in Case no. 13/04-05 (Mod. Sohrab vs. Mukti Prasad Bhagat), whereby the petitioner’s application under Section 48E of the Bihar Tenancy Act has been rejected. 2. It appears that the petitioner’s father had moved an identical application for just the same relief which was registered as Case No.26/02-03, claiming rights of under-raiyat with respect to plot no.436, covering an area of .66 decimals. The same was rejected in 2004. The petitioner’s instant application has been rejected by the impugned order on the ground that the petitioner’s case has been thoroughly considered earlier and rejected. No change of circumstance - 2 - has been indicated to take a different view in the matter. The impugned order cannot be faulted. 3. The writ petition is dismissed. ( S K Katriar ) mrl