IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3509 of 2009 JAI PRAKASH SINGH, SON OF LATE RAMESHWAR SINGH, RESIDENT OF CHERIA BARIARPUR, P.S.CHERIA BARIARPUR, DISTRICT BEGUSARAI----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. ANCHAL ADHIKARI, CHERIA BARIARPUR BLOCK, P.S. CHERIA BARIARPUR, DISTRICT BEGUSARAI----RESPONDENT 1ST PARTY. 3. MAHESHWAR PANDIT. 4. BISHUNDEO PANDIT, BOTH SONS OF LATE RAM BAHADUR PANDIT, BOTH RESIDENT OF VILLAGE SHIRIPUR, P.S. CHERIA BARIARPUR, DISTRICT BEGUSARAI----RESPONDENT 2ND PARTY. For the Petitioner : Mr. Pramod Manbansh, Advocate. For the State :- Rana Ishwar Chandra, AC to GP-13. For the Private Respondents :- Mr. Ajey Kumar, Advocate. -------- 03. 19.11.2009 Heard learned counsel for the petitioner, State and private respondents. 2. Petitioner is aggrieved by the order passed by the Circle Officer, Cheria Bariarpur dated 6.9.1997 in Privileged Persons Case No.4 of 1997-98, Annexure-1 directing issue of Purcha for 2 kathas and 11 dhurs of land bearing plot no.1955 appertaining to khata No.1098 of village Shiripur in favour of private respondents. Purcha issued pursuant to the said order is also dated 6.9.1997 and is contained in Annexure-2 to this application. 3. Petitioner has assailed the aforesaid order dated 6.9.1997, Annexure-1 and Purcha dated 6.9.1997, Annexure-2 on the ground that the said order has been passed and purcha issued without notice to the landlord, recorded tenant as also the transferees from the landlord i.e. petitioner. In this connection, it is pointed out that in survey records the entire plot measuring an area of 8 katha and 12 dhurs is recorded in the name of Bharoshi Mahton, who transferred his entire interest in the said plot to Dwarika Prasad Singh and Dwarika Prasad - 2 - Singh transferred the lands to Bilat Singh. Bilat Singh had two sons, namely, Ram Narayan and Shiv Singh. There was an amicable partition between Ram Narayan and Shiv Singh and by virtue of the said partition petitioner who is the grand son of Shiv Singh is in possession of 2 katha and 11 dhurs of land in the said plot. Recently 144 Cr.P.C. proceedings was initiated over the aforesaid lands at the instance of private respondents. They laid their claim over the said plot with reference to the Purcha, Annexure-2, whereafter petitioner could learn that they have managed issue of the aforesaid Purcha and approached this Court asserting that before issue of the Purcha, Annexure-2 neither the possession over the lands in question nor its status in the revenue record was verified by the Circle Officer, Cheria Bariarpur and on such ground request was made in the writ application to set aside the Purcha, Annexure-2 as also the order dated 6.9.1997, Annexure-1. 4. This Court having appreciated the submission issued notice to respondent no.2, who has filed counter affidavit disputing the aforesaid contention as according to him Purcha has been issued by the Collector under the Act after due inquiry made by the revenue officials including measurement of the lands in question by the Anchal Amin. 5. Having heard counsel for the parties as also having perused the impugned order as also the Purcha, it is evident that the order dated 6.9.1997 was passed without impleading the recorded tenant and the transferees of the lands in question, who according to - 3 - this Court are necessary parties in the proceeding in terms of the provisions contained in the Bihar Privileged Persons Homestead Tenancy Act, 1947(hereinafter referred to as the Act) and the Bihar Privileged Persons Homestead Tenancy Rules, 1948(hereinafter referred to as the Rules). The Purcha is to be issued in favour of those, who are in actual possession of the lands in question by virtue of there being a privileged person under the landlord and in the instant case Purcha in favour of private respondent nos.3 and 4 is said to have been issued without notice to either the recorded tenant or the transferees from him, namely, Ram Narayan and Shiv Singh as also the petitioner, who happens to be the grand son of Shiv Singh. The Purcha, Annexure-2 as also the order dated 6.9.1997, Annexure-1 is, accordingly, set aside with direction to the petitioner and private respondent nos.3 and 4 to appear before the Circle Officer, Cheria Bariarpur on or before 10.12.2009, who should issue notice to the person in whose favour the plot in question is recorded under the record of rights as also the revenue records and after hearing the petitioner, private respondent nos.3 and 4 and the recorded tenant as also those who have been recorded under the revenue records with respect to plot in question pass appropriate orders in the light of the provisions of the Act and the Rules. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)