IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15606 of 2001 NEZAMUDDIN KHAN Versus THE STATE OF BIHAR & ORS For the Petitioner : Mr. Rashid Alam, Advocate. For the State : Mr. Priyank Samdariha, Advocate. ----------- 04. 25.09.2008. Heard learned counsel for the petitioner and the State. None appears for the private respondent nos.5 to 8, although they have been served with the notice of these proceedings. 2. It is submitted on behalf of the petitioner that while disposing of the appeal filed by the private respondent nos. 5 to 8 against the order dated 12.12.1996 passed by the Sub-Divisional Officer, Arwal Respondent No.3, in Demarcation case No. 03 of 1995- 96, Annexure-1 the Collector, Jehanabad under orders dated 14.7.2001, Annexure-2 directed to issue Purcha in favour of private respondent nos. 5 to 8, although private respondents are not privileged tenants under the petitioner and such direction could not have been made in terms of the Bihar Privileged Persons Homestead Tenancy Act(hereinafter referred to as “the Act”). Under the provisions of the Act Purcha is granted only to those who are privileged tenants under the land holder and are threatened with ejectment from their homestead. In this connection it is pointed out that private respondents have - 2 - encroached and amalgamated the lands of the petitioner with their lands, as such, they cannot be treated as tenant under the Act and Purcha cannot be granted in their favour. 3. None has chosen to appear on behalf of private respondent nos. 5 to 8 to contest the aforesaid submission , in the circumstances, the appellate order dated 14.7.2001, annexure-2 is set aside. 4. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J.)