Patna High Court LPA No.450 of 2009 (5) dt.09-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.450 of 2009 In Civil Writ Jurisdiction Case No. 1023 of 2007 ================================================== Jagdish Das, Jagdish Das, son of oflate Shiv Ram Das, resident of village-Murbala, P.S. Barhara Kothi, District-Purnea .... .... Appellant/s Versus 1. The State Of Bihar 2. The Commissioner Purnea Division, Purnea 3. The Collector, Purnea 4. The Additional Collector, Purnea 5. Deputy Collector, Land Reforms, Dhamdaha, Purnea 6. Circle Officer, Barhara Kothi, District Purnea 7. Dinesh Yadav, son of late Jaimanti Devi and late Rameshwar Yadav, resident of village Murbala P.S. Barhara Kothi, District Purnea, at present resident of villae Tinkorwa, P.S. Murliganj, District Madhepura .... .... Respondents ================================================== For the appellant :-Mr. Dhirendra Jha, Advocate For respondent Nos.1 to 6 :-Mr. Shashi Bhushan Kumar, S.C.-7 5 09-09-2011 The present appeal has been filed against the order dated 06.01.2009 passed in C.W.J.C. No.1023 of 2007. At the outset, it has to be observed that none appeared on behalf of respondent no.7. Even though, notice has been issued and it deemed to have been validly served and also he appeared through Vakalatnama. Claim of the appellant seems to be with regard to grant of Basgit Parcha in favour of mother of respondent no.7 in the year 1969-70. The appellant claims title on the aforesaid land on the basis of sale executed in the year 1993. It has also been argued that the appellant is dissatisfied with the decision of the Collector which was not taken as per report submitted by the Circle Officer and in Patna High Court LPA No.450 of 2009 (5) dt.09-09-2011 support of his claim he has also filed revenue receipts to the concerned authorities. He also further argues that no procedure is followed in granting the Basgit Parcha in favour of respondent no.7 in the year 1969-70 which was issued without calling on objection from the concerning parties. But however, in absence of any evidence comingforth before us that the procedure as prescribed under the Bihar Privileged Persons Homestead Tenancy Act, 1947 is followed, we are of the opinion that it is a fit case where the matter has to be remanded back to the Collector, Purnea. Accordingly, we remand the matter back to the Collector, Purnea to look into the matter afresh after noticing all the parties concerned and dispose of the same in accordance with law preferably within a period of three months from the date of receipt/production of a copy of this order without being influenced by any of the observation made by this Court. With the above observation, the appeal stands disposed of. ASHWINI/- (T. Meena Kumari, J) (Vikash Jain, J)