IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12442 of 2009 RANJAN KUMAR & ANR Versus THE STATE OF BIHAR & ORS ----------- 2 15.9.2009 In the instant writ petition the petitioners pray for quashing the notices dated 14.8.2009, contained in Annexures-5 and 5/1, by which respondent no.5 the Circle Officer, Belaganj, Gaya acting as Collector under the Act had issued notice for starting a proceeding under the Bihar Privileged Persons Homestead Tenancy Act for distributing homestead parcha in favour of respondent nos.9 to 24. Learned counsel for the petitioners assailed the notice on various grounds; firstly they submit that the notice has been issued in the name of a dead person late Shri Baleshwar Prasad Singh who died much prior to issuance of notice. On this basis, he submits that the notice is non est in the eyes of law. It goes without saying that the issuance of notice in the name of a person who is no more alive is non est in the eyes of law and no proceeding could validly proceed pursuant to the aforesaid notice. In this view of the mater, the petitioner can bring the aforesaid fact to the notice of the Circle Officer, Belaganj, Gaya, respondent no.5, for withdrawing the aforesaid notice. In case the petitioner brings the aforesaid fact to the notice of respondent no.5, he would pass appropriate order in accordance with law. 2 KHAN In view of the aforesaid observation, this court does not find it appropriate to go into other points raised by the petitioner. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)