IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7348 OF 2009 RAJKUMAR PASWAN, SON OF LATE JAGESHWAR PASWAN, RESIDENT OF VILLAGE SAHASRAM, POST OFFICE SAHASRAM VIA BIROUL, POLICE STATION BIROUL, DISTRICT DARBHANGA VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, DARBHANGA 3. THE CIRCLE OFFICER, BIRAUL, DARBHANGA 4. BACCHU PASWAN 5. RAM KRIPAL PASWAN 6. SHIV PASWAN ………………………………………………………………RESPONDENTS ********* 2 02/07/2009 Learned Counsel for the petitioner is permitted to add the name of Shiv Paswan as respondent no. 6 in this case. The petitioner has filed this application in which he has stated that he has been granted basgit purcha which fact appears to be correct in view of the order of the Circle Officer. The petitioner filed an application before the Circle Officer, Biraul to evict the respondents 4, 5 and 6, namely, Bacchu Paswan, Ram Kripal Paswan and Shiv Paswan from the lands in question. The Circle Officer by his order dated 11th March, 2005/05th April, 2005 found that the petitioner had a valid purcha and thereafter noticed the respondents who did not appear in this case despite service of notice. Thereafter, the matter was heard and after due enquiry and the Circle Officer ordered that - 2 - the private respondents should vacate the lands in question within a period of three days. However, after the order of the Circle Officer, the respondents 4, 5 and 6 are still occupying the land and refuse to give up their possession over the lands in question. The petitioner filed a representation before the Collector of the district praying therein that action should be taken against the private respondents so that the petitioner may be put in possession over the land for which he was granted basgit purcha. The application before the Collector is still pending and no steps have been taken by the Collector either to pass any order or to put the petitioner in possession over the land after examining the documents. Accordingly, I direct that the petitioner should file a fresh representation before the Collector along with a copy of this order within a period of one month after receipt of this order. The Collector may pass an appropriate order and take steps to put the petitioner in possession over the land in question. However, this order is being passed in favour of the petitioner but the respondents 4, 5 and 6 would have the liberty to appear before the Collector and place their case before him. The Collector, Darbhanga will pass an order - 3 - within a period of four months of the filing of the fresh representation before him after giving notice to respondents 4, 5 and 6. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )