IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8636 of 2008 MAHARAJ KUMAR DIGVIJAY SINGH @ DIGVIJAY SINGH Versus THE STATE OF BIHAR & ORS ----------- 5. 28.07.2008. In compliance of the orders of this Court dated 18.07.2008 Circle Officer, Jagdishpur is produced by the Officer-in-Charge, Jagdishpur. Perusal of the order dated 18.07.2008 indicates that on account of failure of the Circle Officer to appear and file counter affidavit bailable warrant of arrest was issued so as to enable him to appear and file counter affidavit. The Officer-in-Charge having admitted the Circle Officer to the privilege of bail should have directed him to appear in this Court and ought not to have accompanied him as it is sheer waste of time for a police officer to come to this Court along with the Circle Officer. However, in view of the stand taken in the counter affidavit filed today, further action against the Circle Officer is dropped. 2. Heard learned counsel for the petitioner and the State. 3. Petitioner is aggrieved by issue of Parcha dated 19.12.2003, Annexure-4 issued under the provisions of Bihar Privileged Persons Homestead Tenancy Act (hereinafter referred to as “the Act”) and the Rules framed thereunder with regard to Plot No. 3078 appertaining to Khata No. 281 situate within Ward No. 3 of Jagdishpur Municipality, now Nagar Panchayat. It is submitted on behalf of the petitioner that the provisions of the Act and the Rules framed thereunder have no application to the lands situate within a Municipality and the Purcha, as contained in Annexures-5 and 6 granted in favour of Private Respondent Nos. 6 to 11 is wholly without jurisdiction and raising such contention he had filed appeal No. 15 of 2004 before the Collector, Bhojpur which was transferred to the 2 court of Additional Collector, Bhojpur who under orders dated 18.06.2007, as contained in Annexure-8 without deciding the applicability of the Act and the Rules to the lands in-question dismissed the appeal which is assailed by filing the present writ application. 4. In the writ application a counter affidavit has been filed on behalf of Respondent Nos. 1 to 5, duly affirmed by the Circle Officer, Jagdishpur, Bhojpur at Ara in paragraph nos. 7 and 8 thereof categorical statement has been made that the Act and the Rules have no application to the lands in-question. 5. Having heard counsel for the parties including the counsel for Private Respondent No.10 who is one of the Purcha-holders the order dated 18.06.2007 passed in Basgit Purcha Appeal No. 15 of 2004, as contained in Annexure-8 is set aside with direction to the Collector of the District to hear the appeal himself and decide the question in the light of the averments made in the counter affidavit filed today that the provisions of the Act and the Rules have no application to the lands situate within a Municipal limit. The appeal should be decided within a period of two months of the date of receipt/production of a copy of this order before the learned Collector of the district. Until final decision is taken learned Collector shall pass appropriate interim order restraining the Pucha-holder from proceeding with the construction over the lands in-question. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)