IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8151 of 2001 GULZARO DEVI & ORS Versus THE STATE OF BIHAR & ORS For the Petitioners : M/S S.S.Shabbar Hussain, Anil Kumar, Advocates. For Private Respondents 4 and 5 : M/S Shivanand Pd. Sinha, Jayanand, Advocates. ----------- 09. 10.09.2008. Heard learned counsel for the petitioners, State, its functionaries and the counsel for Private Respondent Nos. 4 and 5. 2. The original writ petitioner and the Private Respondent Nos. 4 and 5 are the sons of Ram Singhasan Thakur. This writ application has been filed against the order dated 16.2.2001 passed by the Collector, Bhojpur, Ara, Annexure-1 whereunder he has affirmed the order dated 02.01.1990 passed by the Circle Officer, Charpokhari, Bhojpur in Settlement Case No. 01 of 1990-91, Annexure-3 issuing Purcha for the lands in question in favour of Private Respondent Nos. 4 and 5. It is submitted on behalf of the petitioners that neither the petitioners nor the Private Respondent Nos. 4 and 5 are privileged persons/tenants within the meaning of Sub-Section (i) (j) of Section -2 of the Bihar Privileged Persons Homestead Tenancy Act, 1947(hereinafter referred to as “the Act”) but ignoring such fact Private Respondent Nos. 4 and 5 were granted Purcha by the Circle Officer on the basis of the report of the Circle Inspector and the Halka Karmchari. It is further submitted on behalf of the petitioners that had the authorities under the Act made enquiry about the lands possessed by the petitioners and the Private Respondent Nos. 4 and 5 then they would have shown that they possess lands beyond one acre and are not - 2 - entitled for any orders for issue of Purcha in their favour. In this connection learned counsel for the petitioners has placed reliance on various statements made in the writ application which has been controverted by the counsel for the Private Respondents with reference to their counter affidavit. 3. The State authorities have not chosen to file any counter affidavit either accepting or disputing the averments made in the writ application and the counter affidavit of Private Respondents. In the circumstances, I deem it expedient to direct the petitioners as also the Private Respondent Nos. 4 and 5 to appear before the Circle Officer, Charpokhari, Bhojpur on 10.11.2008 whereafter the Circle Officer in presence of the parties shall conduct an enquiry himself as to whether the petitioners and the Private Respondents are the privileged persons/tenants within the meaning of the Act and if he comes to a conclusion that they are not the privileged persons/tenants within the meaning of the Act then he shall pass appropriate orders recalling the order granting Purcha in favour of Private Respondent Nos. 4 and 5. 4. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J.)