IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7497 of 2010 AKHILESH CHOUBEY S/O SRI RAMESH CHOUBEY R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, BUXAR 3. THE CIRCLE OFFICER BUXAR 4. WAKIL NAT S/O LATE BARSAN NAT PERMANENT ADDRESS NOT KNOWN TO THE PRESENT PETITIONER BUT THE ADDRESS MENTION IN THE IMPUGNED ORDER IS R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR 5. BAIJNATH NAT S/O LATE NATHUNI NAT PERMANENT ADDRESS NOT KNOWN TO THE PRESENT PETITIONER BUT THE ADDRESS MENTION IN THE IMPUGNED ORDER IS R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR 6. VANSH NAT S/O LATE NATHUNI NAT PERMANENT ADDRESS NOT KNOWN TO THE PRESENT PETITIONER BUT THE ADDRESS MENTION IN THE IMPUGNED ORDER IS R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR 7. SADHU NAT S/O LATE NATHUNI NAT PERMANENT ADDRESS NOT KNOWN TO THE PRESENT PETITIONER BUT THE ADDRESS MENTION IN THE IMPUGNED ORDER IS R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR 8. BALBUCHAN NAT S/O LATE MUNI NAT PERMANENT ADDRESS NOT KNOWN TO THE PRESENT PETITIONER BUT THE ADDRESS MENTION IN THE IMPUGNED ORDER IS R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR 9. BHUTI NAT S/O LATE MUNI NAT PERMANENT ADDRESS NOT KNOWN TO THE PRESENT PETITIONER BUT THE ADDRESS MENTION IN THE IMPUGNED ORDER IS R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR 10. RAM PRAVESH NAT S/O BALBUCHAN NAT PERMANENT ADDRESS NOT KNOWN TO THE PRESENT PETITIONER BUT THE ADDRESS MENTION IN THE IMPUGNED ORDER IS R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR 11. SANTOSH NAT S/O BAIJNATH NAT PERMANENT ADDRESS NOT KNOWN TO THE PRESENT PETITIONER BUT THE ADDRESS MENTION IN THE IMPUGNED ORDER IS R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR 12. BIRENDRA NAT S/O LATE RASUL NAT PERMANENT ADDRESS NOT KNOWN TO THE PRESENT PETITIONER BUT THE ADDRESS MENTION IN THE IMPUGNED ORDER IS R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR 13. TEJA NAT S/O TULSI NAT PERMANENT ADDRESS NOT KNOWN TO THE PRESENT PETITIONER BUT THE ADDRESS MENTION IN THE IMPUGNED ORDER IS R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR 14. JANARDAN NAT S/O GORAKH NAT PERMANENT ADDRESS NOT KNOWN TO THE PRESENT PETITIONER BUT THE ADDRESS MENTION IN THE IMPUGNED ORDER IS R/O VILL.- AHIRAULI, P.S.- AUDHYOGIK AREA, BUXAR, DISTT.- BUXAR ----------- 02. 06.05.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 27.7.2009 passed by the Circle Officer, Buxar in Homestead Tenancy Case No.01 of 2008-09, Anneuxre-5, whereunder he has directed for issued of purcha in favour of private respondent nos.4 to 14 under the provisions contained in the Bihar Privileged Persons Homestead Tenancy Act, 1947. - 2 - 3. It is submitted on behalf of the petitioner that order directing for issue of purcha in favour of private respondents is violative of the provisions of the Act and the Rules framed thereunder as private respondents are neither privileged persons nor privileged tenants nor there is any special contract between the petitioner and the private respondents. It is further submitted that without verifying actual possession over the lands in question the Circle Officer has proceeded to grant purcha in favour of private respondents. Aforesaid submission have been raised by the petitioner by filing appeal/revision in terms of Section-21 of the Act against the order dated 27.7.2009 before the Collector of the district. The appeal/revision is pending since 28.8.2009 and private respondents in the meanwhile, are attempting to raise their house over the lands in question. 4. Let Collector, Buxar first consider the request of the petitioner for grant of interim relief during the pendency of the Appeal/Revision No.80 of 2009 and pass appropriate orders within two weeks from the receipt of this order before the Collector and thereafter proceed to hear the matter on merits and dispose of the same as early as possible, in any case within a reasonable time. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)