IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10653 of 2009 DHARAM NATH SINGH @ DHARMA NATH SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : M/s Nagendra Rai, Navin Nikunj For the State : G.P. 18 2 27.8.2009 The petitioner challenges the grant of parcha to respondent second set namely Shankar Ram and Aasha Devi vide Settlement No.1/2003-04. The petitioner states that the erstwhile land lord settled the land in question with the petitioner. The Zamindar filed the return in respect of the land in question in favour of the petitioner and the same was entered into Register II. Consequently jamabandi has been opened in his name. The petitioner has been paying rent regularly as contained in Annexure-2. Learned counsel for the petitioner submits that recently the respondent second set threatened to interfere with the possession of the petitioner over 7 decimals of land of revisional survey plot no.1922 bearing Khata No.181 in village Chhapiya, P.S. Mashrakh, District Saran. On enquiry the petitioner learnt that the aforesaid land has been settled with the respondent second set vide Settlement Case No.1/2003-04. The case of the petitioner is that behind his back and without giving any notice the aforesaid land was settled as homestead land in favour of respondent second set. Having heard learned counsel for the parties, this court observes that the petitioner should have first approached the Collector - 2 - KHAN under section 21 of the Bihar Privilege Homestead Tenancy Act instead of rushing to this court straight way. In case the petitioners file an application before the Collector, Saran he will dispose of the same in accordance with law. Till disposal of the case, status quo as of today shall be maintained. (S.P.Singh,J)