IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.451 of 2005 SHANKAR SAH & ORS Versus THE STATE OF BIHAR & ORS ----------- 05/ 30.7.2008 Heard learned counsel for the petitioners, the State and the private Respondent no.4. Petitioners are aggrieved by the order dated 6.7.2004, Annexure-3 to this writ application, whereunder Circle Officer, Chakai, Jamui, Respondent no.3 has held that petitioners encroached over 0.20 and 0.06 decimals of land of plot nos. 2625 and 2626 appertaining to Khata Nos. 115 and 188 of village Saraun, P.S. Chakai, District Jamui of which private Respondent no.4 was the parcha holder in terms of the provisions contained in Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as the Act) and as the petitioners were found to be encroachers over the lands, which was given to private respondent no.4 under the provisions of the Act, petitioners have been asked to remove the encroachment from the said land. Orders passed under the Act are subject to appeal before the Collector of the District in terms of Section 21 of the Act, accordingly, I dispose of this writ application with liberty to the petitioners to assail the impugned order dated 6.7.2004, as contained in Annexure-3 to this writ application before the Collector of the District. Arjun/ (V.N. Sinha, J.) 2