IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15998 of 2009 HARI CHARAN MAHTO, SON OF LATE JHAPAR MAHTO, RESIDENT OF VILLAGE-JAMAHARUA, P.O. & ANCHAL- KUDHANI, P.S. KUDHANI (MANIHARI) MUNSIFI- MUZAFFARPUR WEST, DISTRICT- MUZAFFARPUR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, MUZAFFARPUR, AT P.O., P.S. & DISTRICT- MUZAFFARPUR. 3. ADDITIONAL COLLECTOR, MUZAFFARPUR, AT P.O. & P.S.- MUZAFFARPUR, DISTRICT- MUZAFFARPUR. 4. D.C.L.C., MUZAFFARPUR, AT P.O. & P.S.- MUZAFFARPUR, DISTRICT- MUZAFFARPUR. 5. CIRCLE OFFICER, KURHNI, P.S. & P.O.-KURHNI, DISTRICT- MUZAFFARPUR. 6. MUNSIF, MUZAFFARPUR WEST, AT P.O. & P.S.- MUZAFFARPUR, DISTRICT- MUZAFFARPUR. 7. HEERA PRASAD SINGH, SON OF LATE BAIDYANATH PD. SINHA, RESIDENT OF VILLAGE-ROHUA RAJARAM, P.S.- MUSHAHARI, P.O.- MUSHAHARI FARM, MUNSIFI- MUZAFFARPUR WEST, DISTRICT MUZAFFARPUR. ... ... RESPONDENTS. ----------- 2. 23.11.2009. Heard learned counsel for the petitioner and the State. Petitioner is the descendant of the parcha holder, which is dated 18.8.1994 and is contained in Annexure-2 to this application. It is submitted on his behalf that having obtained the settlement of the land in question in Case No.40 of 1998-99, the original parcha holder raised his house in which petitioner is presently residing the validity of the parcha is being questioned by filing Title Suit No.108 of 2001 in the court of Munsif, Muzaffarpur (West). It is further - 2 - N.H./ submitted that in terms of the provisions of Privileged Person (Homestead Tenancy)Act the validity of the purcha cannot be availed by filing suit which is barred under the Act. Aforesaid objection, petitioner should take by filing written statement in the title suit and the question be considered by the court below in the aforesaid title suit in accordance with law. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)