IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7678 of 2010 1. KESHAW SHARAN PANDEY S/O LATE RADHA KANT PANDEY R/O VILL MALKAULI-PATHKHAULI, WARD NO.3, P.S.BAGAHA, DISTT- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR WEST CHAMPARAN, BETTIAH 2. THE SUB-DIVISIONAL OFFICER BAGAHA, WEST CHAMPARAN 3. THE CIRCLE OFFICER (COLLECTOR UNDER THE ACT), CIRCLE - BAGAHA-2, WEST CHAMPARAN 4. THE REVENUE KARAMCHARI, HALKA NO.7 CIRCLE -BAGAHA-2, WEST CHAMPARAN 5. THE KRISHAN MOHAN CHOUBEY S/O LATE KEDAR CHOUBEY R/O VILL MALKAULI-PATHKHAULI, WARD NO.3, P.O.MALKAULI VIA NARAIPUR, P.S.BAGAHA, DISTT-WEST CHAMPARAN 6. USHA DEVI W/O BAIDYANATH TIWARI R/O VILL NARAINAPUR, WARD NO.6, P.O.NARAIPUR, P.S.BAGAHA, DISTT-WEST CHAMPARAN 7. MOST. SARLA DEVI W/O LATE KEDAR CHOUBEY R/O VILL MALKAULI-PATHKHAULI, WARD NO.3, P.O.MALKAULI VIA NARAIPUR, P.S.BAGAHA, DISTT-WEST CHAMPARAN ----------- For the Petitioner :Mr. Binay Kant Mani Tripathi, Advocate For the State :Mr. G.P. 19 02/ 07.05.2010 Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the issue of Parcha, as contained in Annexures-5 and 6 under the provisions of the Bihar Privileged Persons Homestead Tenancy Act (hereinafter referred to as the Act) for 0.03 + 0.08 decimals of lands in favour of Krishna Mohan Choubey and Usha Devi, Respondent nos. 5 and 6, vide Case No. 42 of 1996-97. It is submitted on behalf of the petitioner that the lands in question is situate within the municipal area of Bagha Municipality and Respondent nos. 5 and 6 are not qualified to obtain such parcha, as they are neither privileged person nor 2 privileged tenants nor they have any special contract with the petitioner or their grandfather Sadhu Sharan Pandey, who was Khatiyani raiyat of the lands in question as the petitioner has let out the lands in question to the mother of Respondent nos.5 and 6 i.e. Respondent no.7 on rent and there being no relationship of landlord and tenant within the meaning of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 between them. Against the grant of parcha, Annexures-5 and 6 under the Act, petitioner has a remedy of appeal/ revision before the Collector of the District in terms of Section 21 of the Act. Petitioner should avail the remedy of appeal/ revision before the Collector of the District. Any appeal filed against the grant of Parcha, Annexures-5 and 6 within 30 days from the date of receipt of certified copy of this order, should be entertained after condoning the delay in filing the same as it has been stated in the petition that petitioner had no knowledge about the grant of parcha in favour of private Respondent nos. 5 and 6. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)