IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14191 of 2006 MD.ISLAM Versus THE STATE OF BIHAR & ORS ----------- 2. 24.7.2008. Heard learned counsel for the petitioner, State and the counsel for Private Respondent No. 5. 2. Petitioner is the tenant of Plot No. 1158 (639-old) of Village- Chainpur, Anchal- Goraul within the District of Vaishali. He has filed this writ application asserting that ignoring his status of tenant of the lands in question, the Circle Officer, Goraul is accepting land rent with regard to three decimals of Plot No. 1158 from Private Respondent No. 5 under the provisions of Bihar Privileged Persons Homestead Tenancy Act, 1947 although the Parcha granted in his favour stood cancelled after local inspection under order dated 6.6.1972 as contained in Annexure-2 to this application. After cancellation of the Parcha under order dated 6.6.1972, Private Respondent No.5 again moved the authorities for grant of Parcha with regard to three decimals of lands in question, which request was also refused under orders dated 16.4.1979 and 5.4.1980 as contained in Annexures- 3 and 4 to this application. 3. It is submitted on behalf of the petitioner that as Private Respondent No. 5 has no legal status to pay rent with regard to three decimals of plot in question the rent should not be accepted from him for the said land by the revenue authorities as by obtaining rent receipt Private Respondent No. 5 is likely to create disturbance as regards the title of the petitioner over the plot in question which may lead to - 2 - serious complications. 4. Counsel for the State does dispute that the Parcha granted in favour of Private Respondent NO. 5 has been cancelled under order dated 6.6.1972, Annexure-2 whereafter his further request for grant of Parcha was refused under orders dated 16.4.1979 and 5.4.1980, Annexures- 3 and 4. 5. Having heard counsel for the parties, I am satisfied that for the present Private Respondent No. 5 does not have any legal status to pay rent with regard to three decimals of plot in question and accordingly, the Circle Officer, Goraul is directed not to collect rent of the plot in question from Private Respondent No.5 until the orders contained in Annexures- 2, 3 and 4 are reviewed by the competent authorities. 6. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)