IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18292 of 2011 Suresh Sharma S/O Late Jhulan Sharma R/O Village-Mohalla- Patel Chauk (Railway Parisar), Police Station- Farbisganj, District- Araria …… Petitioner Versus 1. The State Of Bihar 2. The District Magistrate-Cum-Collector, Araria 3. The Sub-Divisional Officer, Farbisganj, District- Araria 4. The Deputy Collector Land Reforms, Farbisganj, District- Araria 5. The Circle Officer, Farbisganj, District- Araria 6. Mallu Sah @ Malhu Sah @ Maltu Sah S/O Late Tetar Sah R/O Village- Haripur, Police Station- Farbisganj, District- Araria …… Respondents For the Petitioner : Mr. Kamlesh Kumar Sharma, Advocate For the State : Mrs. Archna Sinha, AC to SC 12 2 11.11.2011 Heard learned counsel for the petitioner and the State. Petitioner seeks direction upon the respondent no. 2 to dispose of the application dated 31.5.2011 filed by him as contained in Annexure 7. It is contended on behalf of the petitioner that he has been granted homestead purcha under the Bihar Privileged persons Homestead Tenancy Act, 1947 (hereinafter referred to as “the Act”) in the year 1978 itself as contained in Annexures 1 and 2, one in 2 favour of the petitioner and another in favour of his father. However, he has been illegally ejected by the respondent no. 6. Learned counsel submitted that he has filed an application as contained in Annexure 7 before the District Magistrate – cum – Collector, Araria, i.e., respondent no. 2. However, no action has been taken as yet. Learned counsel for the State submits that there is a provision under Section 8(5) of the Act for moving before the Collector of the district for restoration of possession in case the privileged tenant’s holding homestead purcha has been ejected illegally. However, it is submitted that no proper application appears to have been filed along with necessary documents before the concerned authority. As a result, this writ application is being disposed of, without going into the merit of the case of the petitioner, with liberty to the petitioner to file a proper application under the appropriate provision of relevant statute before the concerned authority within six weeks from today along with a certified copy of this order. In such case, let the 3 concerned authority consider the issue on its own merit and in accordance with law and take a decision by recording a reasoned order after giving opportunity of hearing to all the concerned parties expeditiously preferably within three months thereafter. Spd/- ( Dr. Ravi Ranjan, J.)