IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1884 of 2007 1. RAJENDRA SINGH 2. GAYA SINGH, BOTH SONS OF LATE RAM KISHUN SINGH, RESIDENT OF VILLAGE SAHEB CHAPRA, P.O. BHAGWAT PARSA, P.S. AND ANCHAL PHULWARIA, DISTRICT GOPALGANJ Versus 1. THE STATE OF BIHAR 2. THE DISTRICT COLLECTOR, GOPALGANJ. 3. THE CIRCLE OFFICER, FULWARIA, GOPALGANJ. 4. KANTI DEVI, WIFE OF SUDAMA SINGH, RESIDENT OF VILLAGE SHEO DHARIA, P.O. JAMMHA, P.S. KATYA, DISTRICT GOPALGANJ. 5. MOST. SHANMATI DEVI, WIFE OF LATE CHANDRIKA SINGH D/O LATE SUKWARIA, R/O VILLAGE DUBWALIA, P.O. BHAWAT PARSA, P.S. FULWARIA, DISTRICT GOPALGANJ. 6. MEERA DEVI, WIFE OF SASHRATH SINGH, RESIDENT OF VILLAGE LARHPUR, P.O. BATHUWA BAZAR, P.S. FULWARIA DISTRICT GOPALGANJU. 7. RAM PRASAD SINGH SON OF LATE BHOJ SINGH 8. YOGENDRA SINGH SON OF LATE BHOJ SINGH, RESIDENTS OF SAHEB CHAPRA, P.O. BHAGWAT PARSA, P.S. PHULWARIA, DISTRICT GOPALGANJ. ----------- 03. 25.03.2010 Heard learned counsel for the petitioners, the State as also counsel for private respondent nos.4 to 6. None appears for private respondent nos.7 and 8, although, they have been served with the notice of these proceedings. 2. Petitioners are aggrieved by the orders dated 25.11.2004 and 2.2.2005 passed by the Circle Officer, Fulwaria in Case No.01 of 2004-05, Annexure-3, whereunder purcha under the provisions of Bihar Privileged Persons Homestead Tenancy Act(hereinafter referred to as the Act) with regard to the lands in question has been issued in favour of Mostt. Sukwaria. They are also aggrieved by the order dated 30.11.2006 passed by the Collector, Gopalganj in Revision Case No.3 of 2005, Annexure-4, whereunder revision filed against the order dated 25.11.2004 and 2.2.2005 has been dismissed affirming the two orders. 3. It is submitted on behalf of the petitioners that under - 2 - order dated 25.11.2004, Annexure-3 purcha for the lands in question was issued in favour of Mostt. Sukwaria ignoring the objection of the petitioners who were the purchaser from the raiyat of the lands in question vide sale deed dated 13.1.1997, 20.1.1997, copy whereof is contained in Annexures-1 and 1/A but without considering the sale deed purcha was issued in favour of Mostt. Sukwaria. Revision filed against the order dated 25.11.2004, Annexure-3 was also dismissed under order dated 30.11.2006, Annexure-4 ignoring the fact that the original authority had not considered the sale deeds executed in favour of the petitioners by the raiyat of the lands in question as also the fact that Mostt. Sukwaria was not the privileged tenant within the meaning of Section 2(j) of the Act as there was no special contract between Mostt. Sukwaria and the original tenant of the lands in question or the petitioners. It was further submitted that neither the revisional court nor the original court considered the aspect that Mostt. Sukwaria was not a privileged person as defined under Section- 2(j) of the Act as she possessed lands which was transferred to her daughters respondent nos.4 and 5 under gift deed dated 17.12.1998, Annexures-2 and 2/A. It is further submitted that the revisional order is bad for the reason that during the pendency of the revision Mostt. Sukwaria transferred the lands in question, which she obtained through purcha in favour of private respondent nos.7 and 8 vide gift deed dated 9.5.2005 and such transfer is violative of the provisions contained in Sections-9 and 14 of the Act. 4. Having heard counsel for the petitioners, the State as also - 3 - counsel for private respondent nos.4 to 6, it appears that the aspects urged and noted above has not been considered in the two impugned orders, accordingly, I set aside the order dated 25.11.2004, Annexure- 3 as also the revisional order dated 30.11.2006, Annexure-4 and remit back the matter to the Circle Officer, Fulwaria to reconsider the matter and to pass appropriate orders in accordance with law as early as possible, in any case within three months from the date of receipt/production of a copy of this order before the Circle Officer, Fulwaria. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)