IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3331 of 2001 RAMDEO YADAV & ORS Versus THE STATE OF BIHAR & ORS ----------- 4. 04.09.2008. Heard learned counsel for the petitioners and the State. 2. Petitioners are the purchasers of the lands in- question through registered sale deed dated 15.06.1970 on the basis of which they have also been mutated in Register-2. They are aggrieved by the order dated 28.11.1995 passed in Settlement Case No. 1 of 1995-96, Annexure-1, whereunder Private Respondent Nos. 5 and 6 have been issued Purcha by the Circle Officer over the lands in-question which is also part of the land purchased by the petitioners under the aforesaid sale deed and the said order has also been affirmed in appeal vide orders dated 10.02.2001, as contained in Annexure-2 to this application. 3. Learned counsel for the petitioners assails the two orders on the ground that although they are mutated in the records of the State of Bihar but the original authority before passing the order dated 28.11.1995, Annexure-1 did not issue any notice to them. He further contents that order dated 28.11.1995 was passed without making any local enquiry by a competent person, as is required under Sub-Rule (1) of Rule 5 of the Bihar Privileged Persons Homestead Tenancy Rules, 1948 (hereinafter referred to as “the Rules”). In this connection, learned counsel pointed out that enquiry in the present case was conducted by a Karmchari who is not authorized to hold such local enquiry as under Sub-Rule (1) of - 2 - Rule 5 of the Rules Officer not below the rank of Circle Inspector or Welfare Inspector is empowered to hold such local enquiry. 4. Appreciating the aforesaid submission, this Court under orders dated 13.03.2001 issued notice to the Private Respondent in response whereto they appeared but have not filed any counter affidavit. In the circumstances, the submission asserting violation of Sub-Rule (1) of Rule 5 of the Rules is to be taken as accepted by the private respondents. 5. Having heard counsel for the parties, for the reason that the impugned settlement order dated 28.11.1995, Annexure-1 was passed without holding local enquiry as required under Sub-Rule (1) of Rule 5 of the Rules, the same is set aside along with the appellate order dated 10.02.2001, Annexure-2 and the parties are directed to appear before the Circle Officer, Kako, Jehanabad, Respondent No.3 on 29th September, 2008, whereafter he shall permit the parties to file their documents and proceed to conduct the enquiry in terms of the provisions contained in Sub-Rule (1) of Rule 5 of the Rules either personally or through the Circle/Welfare Inspector and after hearing the parties shall pass final order in accordance with law. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)