IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15039 of 2009 SK.MANAN S/O LATE SK. SATTAR, R/O VILL-PANCHRUKHA TOLA KHAIRI ANCHAL AND P.S-BANJARIA DISTT- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, EAST CHAMPARAN AT AND P.O MOTIHARI, P.S- MOTIHARI, 3. THE ANCHAL ADHIKARI BANJARIA P.O AND P.S- BANJARIA, 4. SK. WAHAB S/O LATE SK. SATTAR, R/O VILL-PANCHRUKHA TOLA KHAIRI, P.O- PANCHRUKHA P.S- BANJARIA, No.2 to 4 of Distt. East Champaran ----------- 3. 12.11.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is a purcha holder under Privileged Persons Homestead Tenancy Act (hereinafter referred to as the “Act”). He is aggrieved by the order dated 18.09.2009 passed by the Circle Officer, Banjaria in P. Case No. 42 and 43/2006-07, Annexure-1/1, whereunder the purcha granted in favour of the petitioner with respect to 8 dhurs of lands of Plot No. 2872 appertaining to Khata No. 981 of Village- Panchrukha has been cancelled on the basis of the opinion of the Government pleader taken by the Circle Officer after remand of the matter by the District Magistrate under order dated 22.12.2008 passed in Revenue Appeal No. 31/2006-07, Annexure-3. 3. It is submitted on behalf of the petitioner that after remand of the matter by the District Magistrate the Circle Officer who is statutory authority under the Act should have acted on his own and not on the basis of the opinion of the Government pleader. 4. Having heard counsel for the petitioner and the State, I direct the petitioner to assail the impugned order dated 18.09.2009, Annexure-1/1 before the learned Collector by filing an appeal in terms of the Act and the appellate authority should consider the matter in accordance with law as early as possible, in any case within a period of three months from the date of receipt of the memo of appeal along with a certified copy of this order. It shall be open for the petitioner to request the Collector of the District to pass interim order in the appeal. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)