IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4532 of 2002 LALAN PRASAD . Versus THE STATE OF BIHAR & ORS . ----------- For the petitioner:- Mr. Shyam Sundar Sinha ‘Shyam’ For State:- Mr. Dhirendra Kumar,AC to SC V 11 30.6.2010 This matter was being adjourned repeatedly due to non-appearance of the counsel for respondent nos. 4 and 5, on the direction of Division Bench in LPA No. 745 of 2006, the writ application has been placed for fresh hearing, though earlier allowed by order dated 4.3.2005. Respondents preferred LPA No. 745 of 2006 against the order dated 4.3.2005 stating that writ application had been decided in their absence, without giving them opportunity to file any counteraffidavit. Considering this fact the LPA was allowed. Impugned order set aside and the matter remanded for fresh hearing before this Court. Since the respondents have not shown any interest in pursuing the case, as such again this matter is being heard and decided 2 in absence of respondent nos. 4 and 5. The writ petitioner, who is a land holder had filed this application for quashing the order dated 2.12.2000 passed by the collector, Vaishali in Misc. Case no. 18 of 1996-97 and also the order dated 23.2.1996 passed by the Circle Officer, Goraul in Basgit Purcha Case No. 94 of 1995-96. The Circle Officer, Goraul had issued Basgit Purcha in favour of respondent nos. 4 and 5 with respect to 4 ½ decimals of land of R.S. Plot No. 1732, R.S. Katha No. 373 without observing the procedure provided under Rule 5 of the Bihar Privileged Persons Homestead Tenancy Act. Petitioner, who is a land holder, was not noticed. No enquiry was conducted; even the formality of disclosing the name of the land holder was not observed. In such a perfunctory manner the Basgit Purcha was issued in favour of respondent nos. 4 and 5. Subsequently when the land holder/petitioner 3 came to know about the illegal order dated 23.2.1996 passed by the Circle Officer, Goraul in Basgit Purcha Case No. 94 of 1995-96, he filed a revision application before the Collector, Vaishali as provided under Section 20 of the Bihar Privileged Persons Homestead Tenancy Act. The Collector, Vaishli rejected the revision application filed by the petitioner without discussing the merit of the case, in two lines the order dismissing revision application was passed. Considering all these facts the writ application filed by the petitioner was allowed by order dated 4.3.2005 and the Circle Officer, Goraul was directed to cancel the Basgit Purcha issued in favour of the respondents. I find that the orders passed by the Circle Officer, Goraul and the order passed by the Collector, Vaishali in the revision application are illegal, arbitrary and without 4 jurisdiction. Basgit Purcha was issued in favour of respondent nos. 4 and 5 without following the procedure provided under the Bihar Privileged Persons Homestead Act. While issuing Basgit Purcha, no finding was recorded in the order of Circle Officer that respondent nos. 4 and 5 are either privileged tenant or privileged persons, having no other land for their residential purposes, other than the land, on which they have constructed their house. Recording of this finding being mandatory, the impugned order passed by the Circle Officer, Goraul is fit to be quashed on this ground alone. Other reason for quashing of the impugned order passed by the Circle Officer, Goraul is that the manner in which valuable right of the land holders was taken away indicates arbitrary and authoritative exercise of jurisdiction by the Circle Officer. Mandatory provision under Rule 5 of the P.P.H.T. Rules, regarding enquiry in presence 5 of land holder and the applicant was also not followed. The Collector, Vaishali while deciding Revision application, completely ignored these illegality committed by the Circle Officer,Goraul. For these reasons the orders passed by Circle Officer and by Collector are fit to be quashed being illegal, arbitrary and violative of Rule of natural justice. The Circle Officer, Goraul is directed to cancel the Basgit purcha issued in favour of respondent nos. 4 and 5, immediately on receipt/production of a copy of this order. Proceedings for issuance of Basgit Purcha may be initiated afresh and concluded in accordance with law. Writ application stands allowed. (Mridula Mishra,J.) A.kumar