IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9948 of 1999 ***** 1. Mostt. Kamrun Nisha wife of Late Md. Subhan. 2. Md. Farooque son of Late Md. Subhan. Both the residents of village-Gidhwas, Police Station-Raniganj, District-Araria. …. …. Petitioner Versus 1. The State of Bihar. 2. The Sub Divisional officer, Araria. 3. The Anchal Adhikari, Raniganj, District-Araria. 4. (a) Nirgun Mandal 4. (b) Dukahn Mandal Both sons of Late Ramdeo Mandal. 4. (c) Rekha Devi. 4. (d) Lila Devi. 4. (e) Uma Devi Daughters of Late Ramdeo Mandal 5. Laxman Mandal. 6. Ranjit Mandal. 7. Ganga Mandal. …. …. Respondents ----------- 11. 16.1.2009. Petitioner challenges the order dated 5.7.1999, which has been passed by the Sub Divisional officer, Araria in an appeal under Section 48 D of the Bihar Tenancy Act. The short and pointed submission made on behalf of the petitioners is that the appellate authority has passed order without applying his mind to the entirety of the provisions of Section 48 C, moreso, 48C (i) and (ii). His contention is that though by fiction of law some right has been created to the Under-raiyat but in Section 48C itself there is a proviso and certain exemption have been provided under (i) and (ii) of the proviso. This is with regard to the area of the land, the landlord holds and also there are certain protection to widows and other handicapped persons. The contention of counsel for the petitioners is that all these aspects have not been considered by the appellate authority and he has merely gone with the evidence that the - 2 - ancestors of the private respondents had been shown to be a “Sikmidar” in the land, who were one Ramdeo Mandal and his brother. From perusal of the impugned order contained in Annexure-3 some of these legal objections which have been raised by the petitioners in the appeal itself has not been considered by the appellate authority. This makes the order vulnerable and the Court is inclined to interfere with the same. The writ application is allowed and Annexure-3 is quashed and the matter is remitted back to the appellate authority, namely, Sub Divisional officer, Araria for fresh hearing and decision of the matter in accordance with law. Pawan/- (Ajay Kumar Tripathi, J.)