IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10169 of 2010 1. JAGARNATH DAS, S/O LATE RAMBRIKCHHA DAS, R/O VILLAGE SENUWARIA, P.S. / ANCHAL MAJHAULIA,DISTRICT- WEST CHAMPARAN. 2. JAGDISH DAS @ AMBIKA DAS, S/O JAGARNATH DAS, R/O VILLAGE SENUWARIA, P.S. / ANCHAL MAJHAULIA,DISTRICT- WEST CHAMPARAN. 3. BASUDEO DAS, S/O JAGARNATH DAS, R/O VILLAGE SENUWARIA, P.S. / ANCHAL MAJHAULIA,DISTRICT- WEST CHAMPARAN. 4. RAJDEO DAS, S/O JAGARNATH DAS, R/O VILLAGE SENUWARIA, P.S. / ANCHAL MAJHAULIA,DISTRICT- WEST CHAMPARAN - Petitioners. Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR,BETTIAH, null POLICE STATION BETTIAH, DISTRICT- WEST CHAMPARAN. 2. THE DEPUTY COLLECTOR LAND REFORM,BETTIAH, POLICE STATION BETTIAH, DISTRICT- WEST CHAMPARAN. 3. RAKTU DAS, S/O LATE RAM SEWAK DAS, R/O VILLAGE PARSA, P.S / ANCHAL MAJHAULIA,DISTRICT- WEST CHAMPARAN - Respondents. ----------- 2 12.7.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners have challenged he order, dated 22.6.2009 passed by the Collector, Bettiah in R.M.Case No.9/2004- 05. The case of the petitioners is that although the private respondent was declared a Bataidar by the authorities concerned which was confirmed by the High Court, the respondent is not paying rent to the petitioners and as such the petitioners are entitled to evict him on this ground under section 49(a) of the Bihar Tenancy Act,1985. The Collector has passed the order on the presumption that the matter is res judicata. Counsel for the petitioners submits in this context that the respondent is not challenging the order passed by the concerned court regarding the fact that the respondent has been held to be Bataidar of the petitioners, rather, the petitioners are aggrieved by 2 the fact that the Bataidar is not paying them the rent of the sale proceeds as envisaged under the Act. The order, dated 22.6.2009 is quashed and the matter is remanded to the Collector, Bettiah to reconsider the petitioners’ application within four months from the date of receipt / production of a copy of this order with due notice to the private respondent. This writ petition is allowed to the extent indicated above. haque (Sheema Ali Khan, J.)