IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7849 of 2010 1. MIR NOOR HASAN @ NOOR HASAN S/O LATE MIR KABIRUDDIN R/O VILL.- BELWAHAT, P.S. AND DISTT.- KISHANGANJ 2. MIR JAHOOR HASAN S/O LATE MIR KABIRUDDIN R/O VILL.- BELWAHAT, P.S. AND DISTT.- KISHANGANJ Versus 1. THE STATE OF BIHAR 2. ANCHAL ADHIKARI, KISHANGANJ P.S. AND DISTT.- KISHANGANJ 3. MD. MAJAHIR S/O AASH MOHAMMAD R/O VILL.- BELWAHAT, P.S. ANCHAL AND DISTT.- KISHANGANJ ----------- 02. 10.05.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 9.12.2009 passed by the Circle Officer, Kishanganj, Annexure-3 series, whereunder he has directed for issue of purcha in favour of private respondent no.3 for an area of 0.02.08 acres of land bearing plot no.41 appertaining to khata no.94 of village Chagalia. 3. It is submitted on behalf of the petitioner that there is no justification for grant of purcha in favour of private respondent no.3 as he is neither the privileged person nor the privileged tenant nor there is any special contract between the petitioners and the private respondent no.3 and grant of purcha for the lands in question in favour of private respondent no.3 is wholly against the provisions contained in the Bihar Privileged Persons Homestead Tenancy Act, 1947(hereinafter referred to as the Act) and the Rules framed thereunder and without there being any local enquiry, the order impugned has been passed by the Circle Officer. Against the impugned order dated 9.12.2009 petitioner has remedy of appeal/revision before the Collector of the District in the light of the provisions contained in Section-21 of the Act. - 2 - 4. Accordingly, this writ application is disposed of with direction to the petitioners to assail the impugned order dated 9.12.2009 by filing appeal/revision before the Collector, Kishanganj, who should not only condone the delay in filing the same but also proceed to hear and dispose of the appeal/revision in accordance with law, as early as possible, in any case within six months from the date of receipt of the appeal/revision before the Collector. It is made clear that if the Collector is satisfied that private respondent no.3 is neither the privileged person nor the privileged tenant nor there is special contract between the petitioner and the private respondent no.3, appropriate final order be passed by the Collector within the aforesaid time. 5. This writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J. )