IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15546 of 2001 GANGADHAR PRASAD & ANR Versus THE STATE OF BIHAR & ORS For the Petitioners : M/S Bhupendra Narain Sinha, Shailendra Kumar, Advocates. For the State : M/S Kameshwar Prasad Gupta(SC-5), Anwar Karim(JC to Sc-5), Advocates. ----------- 07. 24.09.2008. Heard learned counsel for the petitioners and the State. None appears for the private respondent nos. 4 to 11, although they have been served with the notice of these proceedings. 2. Petitioners are the purchasers of 1 Katha 16 Dhurs of land in Plot Nos. 662 and 668 of Village Sahuri Vide registered sale deed dated 24.4.1974 from the father of private respondent no. 12. Aforesaid land also includes 4 Dhurs of land of Plot No. 668 which is the subject matter of the present dispute. Having purchased the land petitioners raised a house as also laid a drain over the lands in question for ensuring smooth flow of water from his house and compound. Private respondent nos. 4 to 11 raised obstruction in smooth discharge of water from the drain. Petitioners thereafter instituted Measurement Case No. 01 of 1998-99 before the Circle Officer, Khodawandpur, Begusarai, Respondent No.3 who issued notice to the boundary raiyats of the adjoining plot including private respondent nos. 4 to 11. It is evident from the order dated 29.5.1998, Annexure-3 passed in Measurement Case No. 01 of 1998-99 that private respondents claimed that they have obtained Purcha with respect to 4D of the lands purchased by the petitioners from the father of private respondent no. 12. The Circle Officer having verified the - 2 - records under order dated 29.5.1995 observed that the Purcha produced by the private respondents appears to be forged document. Petitioners, however, chose to challenge the Purcha issued in favour of private respondents by filing revision before the Collector, Begusarai. Collector, Begusarai, however, under order dated 29.6.2001, Annexure-4 dismissed the revision on the ground that the revision was filed 26 years after the grant of Purcha in the year 1970-71 as also for the failure to substitute one of the Purcha holders who died on 19.9.1998 prior to the institution of the revision case on 26.11.1999. 3. It is submitted on behalf of the petitioners that they learnt about the grant of Purcha in favour of private respondent nos. 4 to 11 during the pendency of the measurement case and when they made further enquiry then it transpired that the purported Purcha was issued in favour of private respondent nos. 4 to 11 without notice to the land holder namely, father of respondent no.12 as also without any enquiry about the fact as to whether private respondent nos. 4 to 11 were the privileged tenants of the lands in question. 4. Having heard counsel for the petitioners and the State, order dated 29.6.2001 passed by the Collector, Begusarai in Misc. Case No. 38 of 1999, Annexure-4 is set aside and the matter is remitted back to the Collector of the District to examine the contentions raised in the Misc. Case about the genuineness of Purcha granted in favour of private respondent nos. 4 to 11 as also the fact as to whether they were privileged tenants under the land holder and enquiry in terms of the provisions of the Bihar Privileged Persons - 3 - Homestead Tenancy Act, 1947 and the Bihar Privileged Persons Homestead Tenancy Rules, 1948 was made after notice to the land holder before issue of Purcha in favour of private respondent nos. 4 to 11. While making such enquiry, the learned Collector shall consider the findings recorded by the Circle Officer in Measurement Case No. 01 of 1998-99 under order dated 29.5.1998, Annexure-3 whereunder the Circle Officer doubted the genuineness of the two Purcha. Petitioner is directed to appear before the learned Collector on 20.10.2008 whereafter the Collector shall proceed with the matter after issue of notice to private respondent nos. 4 to 11 and until final order is passed he shall ensure that no obstruction is caused by the private respondent nos. 4 to 11 in discharge of water from the drain raised on the lands of the petitioners. 5. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)