IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11518 of 2001 SHRI SHRI 108 SHRI KALIJI MAHARANIJI Versus THE STATE OF BIHAR & ORS ----------- 3. 18.09.2008. Heard learned counsel for the petitioner. None appears for the Private Respondent Nos. 5 to 20, although they have been served with notice of these proceedings. 2. Petitioner is aggrieved by the proceedings taken in connection with Settlement Case No. 10 of 2001-02 by the Circle Officer, Bakhari, Begusariai, Respondent No.4 as according to the petitioner such proceeding could not have been initiated against a deity. It is further submitted on behalf of the petitioner that the proceeding was also taken in violation of the principles of natural justice as also the provisions of the Bihar Privileged Persons Homestead Tenancy Act, 1947(hereinafter referred to as “the Act”) and the Bihar Privileged Persons Homestead Tenancy Rules, 1948 framed thereunder as no enquiry whatsoever, as is required under Rule 5 was ever made. Aforesaid submission can be better appreciated if the petitioner avail the alternative remedy under Section 21 of the Act. Accordingly this writ application is disposed of with direction to the petitioner to avail the alternative remedy available under Section 21 of the Act before the Collector, Begusarai, Respondent No.2 within four weeks from today. While availing the alternative remedy it shall be open to the petitioner to request the Collector to grant interim - 2 - protection as was granted to him under orders dated 19.9.2001 passed in the instant case, which request the learned Collector shall consider in accordance with law. In the event, petitioner avails the remedy under Section 21 of the Act before the Collector within the time granted under this order then the Collector shall dispose of the proceeding as early as possible, in any case within a period of six months from the date the petitioner avails the remedy before him. Rajesh/ (V.N.Sinha,J.)