KRISHNA DEV SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since the facts and the issue(s) involved in both the writ applications are inter-related and, as such, they have been heard together with the consent of the parties and are being disposed of by this common order.

(2.) Present applications arise out of a proceeding taken up by the petitioner under the provisions of the Bihar Privileged Persons Homestead Tenancy Act, 1947 (for short the 'Act'). Private respondents in both the writ applications are the land holder. CWJC No. 10365 of 2004 has been filed seeking appropriate direction upon the respondents for effecting Dakhal Dehani of the petitioner on plot no. 1511 (02 decimal) and plot no.1510 (01 decimal) situate in Mauza Makhdumpur within Korha police station in the district of Katihar. CWJC No. 12004 of 2009 was originally filed for quashing the order dated 24.02.2009 (Annexure-6) passed in Basgit Purcha Case No. 496 of 97-98 by the Respondent-District Collector. Interlocutory application no. 1805 of 2012 was filed whereby the petitioner sought quashing of the order dated 02.08.2009 (Annexure-8 to the interlocutory application) passed by the Circle Officer in Basgit (Homestead) Misc. Case No. 02/09- 10 by which the said respondent allegedly modified the purcha earlier issued in favour of the petitioner (Annexure-1 to CWJC No. 10365 of 2004).

(3.) Relevant facts giving rise to the present writ applications, briefly stated, are as under:-