IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12881 of 2010 CHET NARAYAN BARIK, SON OF LATE BADRI BARIK, RESIDENT OF MOHALLA BARIK CHOWK, BARA BAZAR, KATIHAR, DISTRICT KATIHAR. ---- PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH COLLECTOR, KATIHAR, COLLECTORATE, DISTRICT KATIHAR 2. THE DEPUTY COLLECTOR LAND REFORM, BARSOI, S.D.O. COMPOUND, DISTRICT KATIHAR 3. CHUNNU HEMBRAM, SON OF LATE LOPSA HEMBRAM RESIDENT OF VILLAGE BASANTPUR, P.S. KADWA, DISTRICT KATIHAR. ----- RESPONDENTS ----------- 5 24.11.2010 The petitioner is aggrieved by the order contained in Annexure-1 dated 24.6.2010, passed in Miscellaneous Case No. 647 of 1999-2000 by the Collector, Katihar. By the impugned order, the Collector, Katihar had remanded the matter to the D.C.L.R. to consider the claim of respondent no. 3 under Section 48E of the Bihar Tenancy Act. The respondent has filed an application for being declared as a Bataidaar of the petitioner land holder. The application was rejected by order dated 19.2.1997 on the ground that the respondent did not mention the boundary of the lands, that he had impleaded a dead person as the landlord and also on the ground that there was a complaint by the respondent that the 2 landlord was ejecting him from the lands in dispute. The D.C.L.R. rightly came to the conclusion that the entire case of the respondent claiming to be Bataidaar would not be maintainable as he had not stated the basic facts in his pleadings, apart from which, the reason for filing the Bataidaari claim also fell to the ground, as the landlord against whom he had expressed his apprehension, of being dispossessed, from the property was dead prior to the filing of the Bataidaari claim. Against the order dated 19.2.1997, the respondent filed an appeal before the Collector which was rejected vide Annexure-2 by the Collector on the ground that there was no provision for filing an appeal. In this regard, a judgment by this Court in the case of Brijendra Kumar Narain Singh & Ors. Vs. The State of Bihar & Ors. reported in 1993 (1) BLJ 607 ; 1992 (2) PLJR 747 (DB) was considered by the Collector. By a Division Bench judgment of this Court, it has been held that the Deputy Collector Land Reform has to be satisfied with respect to the existence of a prima facie, bonafide 3 dispute and the Collector has no jurisdiction to hear the appeal with respect to such matters. This Court finds that in fact the D.C.L.R. has rejected the claim under Section 48E on the ground that the petitioner had not made out a prima facie case or had been able to satisfy the Deputy Collector Land Reform regarding the existence of a bonafide dispute. After the order dated 12.11.1998, respondent moved the Collector by filing Miscellaneous Case No. 647 of 1999-2000 whose order is under challenge before this Court. In the facts stated aforesaid, it cannot be said that the Collector could have entertained the Miscellaneous Case for two reasons. Firstly, for the reason that the Collector does not have the power to hear the appeals against the order of the D.C.L.R., in matters relating to Section 48E of the Bihar Tenancy Act and secondly on the ground that once he has already rejected the application, for whatever reason, it was not open for the succeeding person in the seat of the Collector, to review the order passed by the erstwhile Collector. This Court on 4 consideration of the entire matter as well as after considering the order of the D.C.L.R. finds that the respondent has not been able to make out a claim that he is the Bataidaar of the petitioner. Naturally if the respondent has not been able to show that he has a prima facie case, the argument on behalf of the respondent that the matter ought to have been referred by the D.C.L.R. to the Board for consideration, does not arise in this case and the order of the D.C.L.R. cannot be challenged on the ground that he has not followed the procedure as laid down under Section 48E of the Bihar Tenancy Act. In the result, the order impugned dated 24.6.2010 is quashed. This writ application is, thus, allowed. Sanjay ( Sheema Ali Khan, J.)