IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.29 of 2009 In (CIVIL WRIT JURISDICTION CASE 14892/2006) Mohmad Saeed Versus The State Of Bihar & Ors ---------------------------------- For the petitioner : Mr. Anand Kumar Singh, Advocate For the State : Mr. Prashant Pratap, G.P. no.6 Mr. Dev Kr. Pandey, A.C. to G.P. no.6 ------------------------------------- 5. 12.12.2011 The present Letters Patent Appeal has been preferred against the order passed by the learned single Judge on 5.8.2008 in C.W.J.C. no.14892 of 2006. The claim of the appellant is that he has a homestead land and being a privileged person he has been negated by the learned single Judge holding that he is neither a privileged person nor a privileged tenant under the Act as his wife has subsequently purchased 5 Katha 3 Dhurs of land from the landlord under whom the appellant was earlier declared as privileged tenant. Learned counsel for the appellant has contended before us that the appellant is a privileged person and hence, the Collector, Supaul, has accepted his case. Learned counsel for the unofficial respondents has contended that there is no material available to prove his submission that he has homestead land and hence the order of the learned single Judge needs no interference. In view of the aforesaid disputed questions of fact with regard to the status of the appellant as privileged person, 2 it requires an enquiry to be conducted under the definition of privileged person. Accordingly, we deem it proper to remand the matter back to the Collector, Supaul, (Respondent no.2) to enquire into the matter with regard to the status of the appellant whether he holds any homestead land or not. After hearing both the parties and after verification of the records, we deem it proper that if the finding of the Collector goes against the appellant then the order passed by the learned single Judge will become operative. With the above observation this Letters Patent Appeal stands disposed of. Sudip ( T. Meena Kumari, J.) ( Vikash Jain, J. )