IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.454 of 2009 3 10.7.2009 Ram Kawal Gond, S/O Deo Kishun Gond, R/O Village Dhankadha, PO Dhawdar, PS Sasaram, Distt. Rohtas, Sasaram at present residing at village Kanchanpur, PS Sasaram, Distt. Rohtas ...... Petitioner/ Appellant VERSUS 1. The State of Bihar 2. The Addl. Collector, Rohtas, Sasaram 3. The LRDC, Sasaram, Rohtas 4. The SDO, Sasaram, Rohtas 5. The Anchal Adhikari, Anchal Sasaram, PO Sasaram, PS Sasaram, Distt.Rohtas 6. Sheo Nath Kumhar Prajapati, S/O late Panchanan Kumhar 7. Yogendra Kumhar, S/O Late Roop Chand Kumhar 8. Shree Shankar Kumhar, S/O Late Sohar Kumhar ......Respondents/ Respondents ------- Heard learned counsel for the appellant and learned counsel for the State. After hearing submission of the learned counsel for the appellant that the appeal decided against the appellant by the Additional Collector was without jurisdiction, we have carefully perused the judgment and order under appeal and we are in agreement with the findings given by the Writ Court that the settlement of government land was not under the provisions of Bihar Privileged Persons Homestead Tenancy Act and on account of provisions of that Act the appeal cannot be said to be without jurisdiction. We are also in agreement with the views of the Writ Court that the records clearly demonstrated malafide action on part of some of the authorities in settling a 2 part of government land which was also already used as part of National Highway. We find no merit in this appeal. It is accordingly dismissed. (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.) sk