IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1222 of 2009 1. MOSTT.SABUJAN, wife of Late Ibrahim Mian 2. Md. Zeaul Mustafa, son of Late Ibrahim Mian 3. Maulana Altaf Hussain, son of Late Ibrahim Mian All residents of village –Reotith, P.S.-Baikunthpur, District-Gopalganj … Petitioners/Appellants Versus 1. The State Of Bihar 2. The Collector of District Gopalganj 3. The S.D.O. Gopalganj, P.S. & District-Gopalganj 4. The Anchal Adhikari, Baikunthpur, P.S.-Baikunthpur, district-Gopalganj 5. Md. Yaqoob Ansarai 6. Babujan Mian Both sons of Late Barkat Ansari resident of village- Reotith, P.S.-Baikunthpur,District-Gopalganj .. Respondents-Respondents ----------- For the appellant :- Md. Rashid Alam, Advocate For the respondent :-Sri Kamla Prasad Roy, Advocate Sri Satya Ranjan Sinha, Advocate For the State :- Mr Dhurendra Kumar, A.C. to S.C.-16 9 05.05.2011 The present appeal has been filed against the order dated 06.08.2009 passed in C.W.J.C. No.3724 of 2003 granting Purcha for homestead land in favour of the respondent no.5 under the provisions of Bihar Privileged Persons Homestead Tenancy Act, 1947 with respect to one katha 5 dhurs of lands, appertaining to khata no.809, khesra no. 2011. The learned Single Judge has observed that no documentary evidence has been produced by the petitioner in support of his claim before the concerned authorities. It has been submitted by learned 2 counsel for the appellants that the land belongs to one Mohan Kumar who died issueless and his wife predeceased him but the respondent authorities without determining the nature of the land as well as tenancy over the said land has illegally and without jurisdiction issued purcha in favour of the respondent. The contention raised by the counsel for the appellant is pure question of facts, which cannot be interferred with under Article 226 of the Constitution of India. Accordingly, this appeal stands dismissed. Counsel for the State sought liberty of this Court to agitate his right before the appropriate forum. Such liberty is granted. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)