IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16467 of 2009 1. BIRENDRA KUMAR MAHTO SON OF ANANDI MAHTO RESIDENT OF VILLAGE DAMODARPUR. 2. VILAKSHANI DEVI, WIFE OF LAT JAGESHWAR PANDIT, RESIDENT OF VILLAGE CHAK FATEHPUR, BOTH POLICE STATION & ANCHAL VIBHUTIPUR, DISTRICT SAMASTIPUR---PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR SAMASTIPUR, AT & PO SAMASTIPUR. 3. THE ADDITIONAL COLLECTOR, AT & PO SAMASTIPUR. 4. THE ANCHAL ADHIKARI VIBHUTIPUR, AT & PO VIBHUTIPUR, DISTRICT SAMASTIPUR. 5. TAGO MALLIK, SON OF BHULLU MALLIK, RESIDENT OF VILLAGE KHASTABHKA, TOLA CHAKBEDAULIA, P.S. VIBHUTIPUR, DISTRICT SAMASTIPUR----RESPONDENTS. ---------- 02. 30.11.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 30.6.2009 passed by the Circle Officer, Vibhutipur, respondent no.4 in Basgit Purcha Case No.08 of 2008-09, Annexure-2, whereunder he has directed for issue of Purcha in form-G in favour of private respondent no.5 with respect to plot no.4057 appertaining to khata no.507 of village Khastabhka, which is the raiyati land of the petitioners. 3. It is submitted on behalf of the petitioners that earlier request of private respondent no.5 for grant of Purcha for the aforesaid land was refused by the Circle Officer under order dated 17.4.2007 passed in Basgit Purcha Case No.05 of 2005-06 and the ordersheet of the said case is contained in Annexure-1 to this application. Perusal whereof indicates that the aforesaid order was passed after thorough inquiry in the matter. Later it is said that instructions were received from revenue department under letter No.821 dated 25.1.2008 on the basis of which Additional Collector, Samastipur issued instruction vide letter No.427 dated 26.2.2008 and in the light of the aforesaid two instructions the Circle Officer, Vibhutipur made local inspection and found that the hutment of private respondent no.5 is - 2 - situate on the road lands and his piggery is situate over the lands in question and for protecting the piggery of private respondent no.5, the impugned order dated 30.6.2009, Annexure-2 was passed and even prior thereto Purcha in Form-G was issued on 20.6.2009. 4. It is further submitted that in terms of the provisions contained in the Bihar Privileged Person Homestead Tenancy Act, 1947(hereinafter referred to as “the Act”) only privileged tenants are entitled to protection over the lands, which have been settled to them by their landlords, those who are encroachers of the road lands are not entitled for grant of Purcha for raising their piggery over the lands of the raiyat with whom the encroacher has no connection either in the capacity of labourer or artisan. It is also submitted that the Circle Officer, Vibhutipur having already disposed of the matter under order dated 17.4.2007, Annexure-1 had no jurisdiction to revise the order on the basis of the instructions of the Superior Authorities. 5. Aforesaid aspect of the matter cane be better appreciated if the petitioners assail the impugned order dated 30.6.2009, Annexure-2 and Purcha issued in Form-G on 20.6.2009, Annexure-3 by filing appeal in terms of the provisions of the Act before the Collector, Samastipur, who should consider the matter and pass appropriate orders in accordance with law provided the appeal is filed within 30 days from today annexing a copy this order with the memo of appeal. Rajesh/ (V.N.Sinha, J.)