IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11593 of 2001 DINESH MANDAL & ORS Versus THE STATE OF BIHAR & ORS ----------- 04/ 19.9.2008 Heard learned counsel for the petitioners, State and the private Respondent. 2. Petitioners are aggrieved by the order dated 23.1.2001, passed by the Deputy Collector, Land Reforms, Katihar in Case No. 72 of 1999-2000, as contained in Annexure-4 to this application, whereunder he has declared the private Respondent as Bataidar of the lands in question. 3. It is submitted on behalf of the petitioners that such declaration is not permissible in view of the provisions contained in Section 48E of the Bihar Tenancy Act (hereinafter referred to as the Act) as thereunder under raiyat is only entitled to seek protection against ejectment and no declaration can be made in a proceeding under Section 48E of the Act. In this connection, learned counsel for the petitioners further pointed out that in view of the provisions contained in Section 158 of the Act, the nature of tenancy can be determined by the Collector under the Act, provided an application for such purpose is filed. It is also submitted on behalf of the petitioners that even otherwise the impugned order dated 23.1.2001, Annexure-4 is wholly without jurisdiction as from the order sheet of the Bataidari Board, as contained in Annexures-2 and 2/A, it is evident that no effort 2 at all was made by the Board to conciliate the dispute between the parties. 4. Without going into the correctness or otherwise of the aforesaid submission, this writ application is disposed of with direction to the petitioners to avail alternative remedy of appeal provided under Section 48F of the Act. In the event, petitioners file an appeal under Section 48F of the Act on or before 24.10.2008, then the Collector of the District shall condone the delay in filing the appeal as the writ application remained pending in this Court for seven years and after notice to the private Respondent proceed to hear the appeal on merits and while considering the merit of the appeal, shall discuss the submissions noted above as also other submissions made before him. Arjun/ (V.N. Sinha, J.)