IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8420 of 2009 DINANATH OJHA, SON OF LATE RADHAKRISHNA OJHA, RESIDENT OF VILLAGE LAMAUNIYA, P.O. MOKHALISPUR, P.S. BANJARIYA, DISTRICT EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, EAST CHAMPARAN AT MOTIHARI. 3. THE CIRCLE OFFICER, BANJARIYA, ANCHAL BANJARIYA, P.S. BANJARIYA, DIST EAST CHAMPARAN AT MOTIHARI. 4. MANSHA YADAV, SON OF GURJURR RAUT, RESIDENT OF VILLAGE LAMAUNIYA, ANCHAL BANJARIYA, DIST EAST CHAMPARAN AT MOTIHARI. ----------- 04. 15.12.2009 Heard learned counsel for the petitioner, State as also counsel for private respondent no.4. 2. Petitioner is aggrieved by the order dated 8.3.2007 passed by the Circle Officer, Banjariya, East Champaran in Bihar Privileged Persons Homestead Tenancy Act Case No.04 of 2006-07, Annexure-1 whereunder in regard to 3½ decimals of land bearing plot No.5317, appertaining to khata No.828 purcha has been issued in favour of private respondent no.4. 3. It is submitted on behalf of the petitioner that order dated 8.3.2007 has been passed without notice to the land holder as the petitioner, who is the land holder was not made party in the proceeding and the order being wholly without jurisdiction this Court should interfere in the matter. I regret not to accept such submission. Order dated 8.3.2007 is appealable in terms of the provisions contained in the Bihar Privileged Persons Homestead Tenancy Act, 1947 2 before the Collector of the district. 4. Accordingly, this writ application is disposed of with direction to the petitioner to file appeal against order dated 8.3.2007, Annexure-1 before the Collector, East Champaran at Motihari and if the appeal is filed within eight weeks from today then the Collector should condone the delay in filing the appeal and proceed to hear the matter in accordance with law. The interim order dated 21.7.2009 is vacated. Rajesh/ ( V. N. Sinha, J.)