IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9553 of 2002 RAM SEWAK THAKUR, S/O RAM KHELAWAN THAKUR, R/O- VILLAGE JHAPAHAN, P.S. AHIYAPUR, ANCHAL BOCHAHAN, MUZAFFARPUR EAST, DISTRICT MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR, MUZAFFARPUR 2. THE COLLECTOR, MUZAFFARPUR 3. THE CIRCLE OFFICER, ANCHAL BOCHAHAN, DISTRICT-MUZAFFARPUR 4. JAGARNATH RAI, S/O- LATE NIRSAN RAI 5. MOHAN KUMAR, S/O- LATE BINDESHWAR RAI 6. SATYENDRA PRASAD SHARMA 7. TARNI KUMAR RAI BOTH SONS OF SHIVJEE SHARMA 8. DINESH KUMAR SHARMA 9. RAMESH KUMAR SHARMA 10. LALIT KUMAR SHARMA SONS OF KAILASH RAI 11. SAJJAN KUMAR 12. PREM KUMAR SONS OF LATE SATYA NARAYAN RAI, ALL RESIDENT OF VILLAGE JHAPAHAN, TOLE BATHNA, P.S. AHIYAPUR, DISTRICT MUZAFFARPUR -------- 3. 06.03.2009 As prayed for, learned counsel for the petitioner is permitted to make necessary correction in the address of the respondent nos. 1 & 2 in course of the day. Heard learned counsels for the petitioner, State and the respondents no. 4 to 12. Petitioner is aggrieved by order dated 15/22nd April, 2002 in Case No. 27 Misc./99-2000 (Annexure- 7) passed by the District Collector, Muzaffarpur, the respondent no.2, whereby the order dated 04.09.1995 - 2 - passed by the Circle Officer issuing PARCHA in favour of the petitioner in respect of the land in question appertaining to village Jhapahan bearing Khata no. 921, Survey Plot No. 13357 measuring an area of 0.10 acres has been set aside holding that the petitioner is having possession of land more than 1 acre besides the land covered under the PARCHA. Learned counsel for the petitioner submits that the finding arrived by the Collector relying on the report dated 20th of October 2001 submitted by the concerned Circle Officer as contained in Annexure-3 that the petitioner was having a land measured more than 1 acre is absolutely incorrect. It is further submitted that the said report is not explicit, and as such, the respondent no. 2 ought not to have relied upon such report consequently the order dated 15/22/04/2002 passed by the respondent no. 2 deserves to be quashed. Learned counsel for the respondents, on the other hand, submits that neither the petitioner was tenant of the respondents and as such, there is no relationship of landlord and tenant nor the petitioner at any point of time claimed himself to be the tenant of the landlord. On the application of the petitioner dated 2nd November, 1993 as contained in Annexure-1 to the - 3 - effect that they are in possession of the land over an area of 0.16 acres claiming himself to be the privileged tenant and therefore, PARCHA should be issued in his favour. The PARCHA was issued in favour of the petitioner. The respondent on coming to know the above fact filed the appeal before the Collector of the District which was registered as Case No. 27 Misc. /99-2000. The respondent no. 2 while considering the appeal sought for a report from the Circle Officer (respondent no. 3) with regard to the status of the claim of the petitioner herein. A report was submitted vide Annexure-3 which was taken into consideration and upon considering the report with respect to the land claimed by the petitioner as a privileged tenant, the Collector accepted the report and held to the effect that the petitioner is not a privileged tenant for having land in excess of one acre of land. In my opinion, what is the area of land which is in possession of the petitioner; whether it is more than one acre or less is disputed question of fact involved in this case and the Collector has given a finding on the basis of the report of the circle Officer to the effect that petitioner was having land more than one acre. This being the factual findings of fact, as held by the respondent no. 2, in my opinion, it will not be sound - 4 - exercise of writ jurisdiction to interfere with findings of fact arrived by the authorities on appreciation of materials on record. In this view of the matter, I do not find any merit in the writ application. Accordingly, the same is dismissed. Jagdish/- (Shailesh Kumar Sinha,J)