IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6952 of 2010 MD.EQUBAL ALAM S/O SK. SALAUDDIN R/O VILL FARUDAPUR, P.O.TARA, P.S.SANHOLLA, DISTT-BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT COLLECTOR BHAGALPUR, DISTT-BHAGALPUR 3. THE SUB DIVISIONAL OFFICER KAHALGAON, DISTT-BHAGALPUR 4. THE ANCHALADHIKAR SANHOLLA, DISTT-BHAGALPUR 5. SHAH NAJAM S/O SHAH NAIND R/O VILL SANHOLLA, DISTT-BHAGALPUR 6. SHAH SAJJAM S/O SHAH NAIND R/O VILL SANHOLLA, DISTT-BHAGALPUR ---------- 02. 26.04.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order of the Circle Officer, Sanholla dated 8/12.9.2005 passed in Case No.01 of 2005-06 , Annexure-2, whereunder purcha of the lands in question has been issued in favour of private respondent nos.5 and 6. 3. It is submitted on behalf of the petitioner that grant of purcha in favour of private respondent nos.5 and 6 is wholly illegal as the same was issued without any enquiry as is required to be made in the light of the provisions contained in Rule-5 of the Bihar Privileged Persons Homestead Tenancy Rules, 1948 as also without considering the fact that private respondents are neither the privileged persons nor the privileged tenant as they are having their own homestead and there does not exist any special contract between the petitioner and the private respondents. 4. Let petitioner challenge the order dated 8/12.9.2005, Annexure-2 before the Collector, Bhagalpur who is the appellate authority in terms of the provisions contained in Section-21 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 by filing the appeal along with a copy of this order and the same be considered by - 2 - the Collector, Bhagalpur in accordance with law, as early as possible, in any case within two months from the date of receipt of the memo of appeal before the Collector. Delay in filing the appeal by the petitioner be condoned by the Collector. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha,J.)