IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4092 of 2011 1. JAGARNATH PRASAD SON OF AWADHA NANDAN PRASAD 2. HEMANT KUMAR, SON OF LATE BISHWANATH PRASAD. BOTH RESIDENTS OF VILLAGE SANDNAPUR KHAROANA, P.S.- SHEOHAR, DISTRICT- SHEOHAR. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, LAND ACQUISITION, GOVT. OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, SHEOHAR, DISTRICT- SHEOHAR. 3. CIRCLE OFFICER, SHEOHAR, DISTRICT- SHEOHAR 4. UMESH RAM SON OF SHEO SHANKAR RAM, 5. SURESH RAM SON OF KAPILDEO RAM, BOTH RESIDENTS OF VILLAGE SUNDARPUR KHAROANA, DISTRICT- SHEOHAR. - ---------- 2 07.03.2011 Heard both sides. Petitioners are land holder within the meaning of Bihar Privileged Person Homestead Tenancy Act (for short ‘the Act’). They are aggrieved by order dated 21.10.2008 passed by the respondent Anchal Adhikari, Sheohar in Basgit Purcha Case No. 01/2008-09 whereby on a consideration of the materials brought on record, the claim made by private respondents herein was allowed and purcha in respect of certain tracts of land belonging to the petitioners was granted in 2 favour of private respondents. Aggrieved by the said order, petitioners filed appeal before the respondent Collector under Section 21 of the Act. It is submitted on behalf of the petitioners that the appeal was preferred in 2009 itself but till date, the same has not been considered and disposed of inasmuch as no docket number has been assigned. It is further submitted that the petitioners would be satisfied if the appellate authority is directed to consider and dispose of the said appeal in accordance with law expeditiously. Learned A.C. to Advocate General submits that the Collector is vested with the appellate jurisdiction in terms of the provisions of the said Act and in view of the limited prayer of the petitioners, the said authority (respondent No. 2) may be directed to consider and dispose of the pending appeal. Having considered the submissions made on behalf of the parties and after going through the materials on record, this Court is satisfied that the present application be disposed of in the following 3 manner: Let the petitioners approach the appellate authority (respondent No. 2) within four weeks from today and file an application attaching therewith the present order of the Court whereafter the respondent Collector shall take up the pending appeal of the petitioners and dispose of the same in accordance with law as quickly as possible preferably within four months from the date of receipt/production of a copy of the said order. pkj (Kishore K. Mandal, J)