IN THE HIGH COURT OF JUDICATURE AT PATN CWJC No.4827 of 2007 SAKALDEO RAI SON OF RAM BAHADUR RAI, RESIDENT OF VILLAGE CHHOTI SIMRAHA, P.S. ALAULI,DISTRICT KHAGARIA --- --- --- --- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, KHAGARIA 3. THE CIRCLE OFFICER, ALAULI, DISTRICT KHAGARIA 4. MAHABIR SAH SON OF LATE GOR SHAY SAH, RESIDENT OF VILLAGE CHHOTI SIMRAHA, P.S. ALAULI, DISTRICT KHAGARIA 5. ASHOK THAKUR SON OF LATE GULAM THAKUR, RESIDENT OF VILLAGE CHHOTI SIMRAHA, P.S. ALAULI DISTRICT KHAGARIA --- --- --- RESPONDENTS. ----------- 2. 23.1.2009 Heard Mr. Ajay Kumar no.1 for the petitioner, learned assistant counsel to Government Advocate no.8 for respondent nos. 1 to 3 and Mr. Raj Dular Sah for respondent no.4. This writ petition is directed against the order dated 13.9.2006 (annexure-3), passed by the learned Collector of the district of Khagaria, in Misc.case no. 34/2001-2002 (Mahabir Sah vrs Sakaldeo Rai and anr.), whereby he has allowed the application filed by respondent no.4 (Mahabir Sah), the parcha holder, and he has held that the petitioner herein is encroaching the land, the parcha of which was issued in favour of respondent no.4 herein. By assailing validity of the impugned order, learned counsel for the petitioner submits 2 that the parcha was issued behind the back of the petitioner. He specifically raised this question before the learned Collector, but the same has been completely overlooked. I have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that parcha was issued in favour of respondent no.4 herein way back in 1976-77. The petitioner did not challenge the same as a result of which it attained finality. Further more as has been found by the learned Collector, the parcha has been validly issued in favour of respondent no.4 in terms of Bihar Privileged Persons Homestead Tenancy Act 1947. The impugned order cannot be faulted. The writ petition is dismissed. (S.K.Katriar,J.) AI