IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3427 of 2001 VASHISTHA PANDEY & ORS Versus THE STATE OF BIHAR & ORS ----------- 5. 04.09.2008. Heard learned counsel for the petitioners and the counsel for Private Respondent Nos. 4 and 5; also perused the impugned order dated 17.05.1996 passed by the Circle Officer, Buxar in Settlement Case No. 22 of 1995-96, Annexure-1, whereunder purcha in terms of the provisions contained in Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as “the Act”) has been issued in favour of private respondents as also the appellate order dated 25.2.2001, Annexure-4 whereunder the said order has been affirmed by the Collector of the District. It appears, original order dated 17.05.1996, Annexure-1 was passed by the Collector under the Act without service of notice on the petitioners which was served on 21.5.1996, as is evident from the service- report, Annexure-2 and averment to that effect has not even been disputed in the counter affidavit filed on behalf of the private respondents. 2. In the circumstances, this Court - 2 - has to accept the position that the original order dated 17.05.1996 passed by the Circle Officer, Buxar in Settlement Case No. 22 of 1995-96, Annexure-1 settling the lands in- question in favour of Private Respondent Nos. 4 and 5 was made without service of notice and is, accordingly, set aside along with the appellate order dated 25.2.2001, Annexure-4 and the petitioners and the Private Respondent nos. 4 and 5 are directed to appear before the Collector under the Act, namely, the Circle Officer, Buxar, Respondent No.3 on 29th September, 2008 and thereafter the Circle Officer shall permit the parties to file their documents as also to lead evidence, if they so desire, and thereafter proceed to finally decide the matter as early as possible, in any case within a period of three months from the date of appearance of the parties. 3. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)