IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1917 of 2010 1. KAMLESHWARI MALAKAR S/O LATE BILAT MALAKAR, R/O VILL- GORIYAR, P.S- TIKKAPATTI, DISTT- PURNIA Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, PURNIA 3. THE SUB-DIVISIONAL OFFICER, DHAMDHA, PURNIA 4. THE DEPUTY COLLECTOR, LAND REFORMS, PURNIA 5. THE ANCHAL ADHIKARI, RUPAULI, PURNIA 6. THE HARI LAL SAH S/O LATE SITA RAM SAH, R/O VILL GOARUYAR SCHOOL, TOLA, P.S- TIKKAPATTI, DISTT- PURNIA ----------- 2. 04.02.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner’s father was granted purcha in terms of the provisions of the Privileged Persons Homestead Tenancy Act for 12 decimals of land bearing Plot No. 3404 appertaining to Khata No. 2290, Thana No. 246 of Village- Goriyar within Rupauli Block in the district of Purnea vide Homestead Settlement Case No. 78/1970-71. The photo copy of the purcha is contained in Annexure-1 to this application. Learned counsel for the petitioner has also produced the original purcha before me and with reference to the said purcha it is submitted that after the death of his father Private Respondent No.6 has resumed possession over the part of the land which was settled with his father and has raised pucca construction. The notice given to Respondent No.6 by the Circle Officer, Rupauli and Sub-Divisional Officer, Dhamdaha to explain the construction over the lands settled with the father of petitioner is contained in Annexures 5 and 6 to this application and the matter is kept pending before the two officers to the detriment of the petitioner. Petitioner thereafter invited the attention of the District Magistrate, Purnea under representation dated 30.07.2009 which is contained in Annexure-7 to this application. It is submitted on behalf of the petitioner that even after filing of the representation, Annexure- 7 the situation has not been redeemed and the pucca construction raised over the lands settled with the father of petitioner under the purcha has not been removed - 2 - and petitioner continues to suffer. 3. Having heard counsel for the petitioner and the State I direct the Collector, Purnea to first verify the genuineness of the purcha which the petitioner should produce before the Collector by appearing in person and having been satisfied about the genuineness of the purcha the Collector should proceed for measurement of the lands in-question and after measurement of the lands in-question if any pucca construction is found raised by the private respondent over the lands in-question then the construction be demolished forthwith and possession restored to the petitioner. Compliance of the order be made by the Collector within one month from the date of appearance of the petitioner. In the event Collector is of the view that the purcha itself is forged then he shall take appropriate proceeding against the petitioner. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)