IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12688 of 2001 DURGA PRASAD SAH Versus THE STATE OF BIHAR & ORS ----------- 4. 18.09.2008. Heard learned counsel for the petitioner and the State. None appears for the private respondents, although they have been served with the notice of these proceedings. 2. Petitioner is aggrieved by order dated 12.11.1979 passed by the Circle Officer, Falka, Katihar in Settlement Case No. 20/7-9- 80, Annexure-1 whereunder Parcha in terms of the provisions contained in Bihar Privileged Persons Homestead Tenancy Act, 1947(hereinafter referred to as “the Act”) and the Bihar Privileged Persons Homestead Tenancy Rules, 1948(hereinafter referred to as “the Rule”) with regard to the lands in question has been issued in favour of private respondents, against which petitioner filed revision before the Collector, Katihar Vide Revision Case No.476 of 1995-96 which was dismissed for default under order dated 1.6.2000 passed in the said revision case, as contained in Annexure-2. 3. It is submitted on behalf of the petitioner that the Circle Officer has passed the order dated 12.11.1979, Annexure-1 without holding any local inspection of the lands in question in terms of the provisions contained in Rule 5 of the Rules as also without notice to the petitioner and the revision taken against the said order before the Collector of the District was dismissed for default under order dated 1.6.2000, Annexure-2. 4. None appears for the private respondents, in the - 2 - circumstances, without the benefit of the submission of the private respondents, order dated 1.6.2002, Annexure-2 is set aside and the matter is remitted back to the Collector, Katihar who should hear the petitioners as also the private respondents on merit of the Revision Case No. 476 of 1995-96 and after hearing the parties dispose of the same as early as possible, in any case, within a period of three months from the date of receipt/production of a copy of this order. 5. Petitioner is directed to produce a certified copy of this order before the learned Collector on 20.11.2008. 6. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J.)