IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9458 of 2009 SMT.USHA SINGH Versus THE STATE OF BIHAR & ORS ----------- 3 14.10.2009 The petitioner prays for quashing of parcha issued by order dated 6.9.2005, contained in Anenxure-4, by the Anchal Adhikari, Begusarai as well as Basigit Parcha, contained in Annexure-5, issued in favour of respondent no.4 namely Charittar Poddar by the Anchal Adhikari, Begusarai. The petitioner states that the land in question belongs to one Shaligram Singh, a Jamabandi raiyat, and she had purchased the said land from him on 22.6.1992 by a registered sale deed. Thereafter a mutation order was also passed in her favour on 14.10.1996 and the petitioner has been paying rent regularly. Learned counsel for the petitioner submits that the Circle Officer has passed the order for issuance of Basigit parcha without following the mandatory provisions of Rule 5(2) of the Bihar Privileged Persons Homestead Tenancy Rules, 1948. Rule 5(1) mandates that the Collector shall make an enquiry and Rule 5(2) mandates that notice is to be issued in form F to all interested parties. The petitioner asserts that without issuing notice and complying with the mandatory provisions, the impugned order has been passed behind her back. The petitioner further states that respondent no.4 is neither a privileged person nor privileged tenant under the Act. 2 KHAN Having heard counsel for the parties, this court is of the view that the petitioner should file an application under section 21 of the Act before the Collector of the district. It would be open to her to take all points that as the order was passed behind her back, she could not file an application earlier. The status quo as of today shall be maintained for six weeks in order to enable the petitioner to file an application under section 21 of the Act. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)