IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14888 of 2001 MANOJ KUMAR SINGH & ANR Versus THE STATE OF BIHAR & ORS ----------- 05. 23.09.2008. Heard learned counsel for the petitioners and the State. None appears for private respondents, although they have been served with the notice of these proceedings. 2. Petitioners are the Purcha holders under the Bihar Privileged Persons Homestead Tenancy Act, 1947(hereinafter referred to as “the Act”) which was granted in the light of the order dated 2.11.1993 passed by the Circle Officer, Raniganj, Araria, Respondent No.5 in Case No. 130 of 1995-96, Annexure-2. The land holder thereafter approached the Collector under the Act for cancellation of Purcha for which Case No. 01 of 1993-94 was initiated and after hearing the parties, the Collector under the Act rejected such prayer under order dated 15.4.1994, Annexure-4 whereafter the land holder sold the lands in question in favour of private respondent nos. 6 and 7, who directly approached the Collector, Araria in Case No. 130 of 1995-96 for cancelling the Purcha issued in favour of the petitioners. The Collector, Araria having heard counsel for the parties passed order dated 25.9.2001, Annexure-5 cancelling the Purcha issued in - 2 - favour of the petitioners. 3. It is submitted on behalf of the petitioners that order dated 25.9.2001, Annexure-5 was passed on the basis of subsequent sale deed, which could not have been taken into account for cancellation of Purcha as petitioners were declared Purcha holders under the vendor of private respondent nos. 6 and 7. It is further submitted that before passing the order dated 25.9.2001, learned Collector did not have the benefit of any local inspection to verify the possession of the petitioners over the lands in question. 4. Having heard counsel for the parties, order dated 25.9.2001, Annexure-5 is set aside and the matter is remitted back to the Collector, Araria, Respondent No.2 to re-consider the matter after obtaining a report about the physical possession of the lands in question. Petitioner is directed to appear before the Collector of the District along with a certified copy of this order. 5. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)