JUDGMENT G.C. Bharuka, J. The present writ application has been filed by the petitioner for quashing of the order dated 2.9.1981 passed by the respondent, the Land Reforms Deputy Collector, Kosi Kranti, District Purnea, by which he has declared the respondent, Nand Lal Uraon, as under-raiyat in respect of a plot of land pertaining to Khata No. 346 Khesrs No. 894 measuring 2.33 acres. It appears that by order dated 4.12.1979 a proceeding under section 48E of the Bihar Tenancy Act (hereinafter referred to as 'the Act') was initiated by the respondent, D.C.L.R. and he nominated the Anchal Adhikari, Dhamdaha as the Chairman of the Conciliation Board as per the provisions of sub-section (4) of section 48E of the Act. Thereafter the Circle Officer purporting to act as the Chairman of the Board tried to settle the dispute and having failed to succeed made a recommendation to the D.C.L.R. for declaration of the private respondent as under-raiyat in respect of the land in dispute. 2. It has been submitted by the petitioner that the entire procedure adopted in the present case is contrary to the statutory provisions contained in section 488 of the Act settle the dispute. While referring the matter the first step to be taken was to constitute the Board under sub-section (4) and for constituting the Board apart from nominating the Chairman, it was incumbent upon the D.C.L.R. to appoint two members to represent the interest of the contesting parties. In the present case, since the D.C.L.R. had failed to nominate two members to represent the interest of the parties, there was no valid constitution of the Board. Therefore, the dispute was not referred to any Board which could provide the basis to the D.C.L.R., who was acting as the Collector to settle the dispute and/or declare the rights of the parties. Accordingly, Annexure-1, the purported report of the Board made by the Circle Officer, as also the order dated 2.9.1981 passed by the Collector declaring the respondent Nand Lal Uraon as under-raiyat are, hereby, quashed. 3. This writ application is allowed to the extent indicated above. There will be no order as to cost.