JAGDISH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ratandeep Prasad for the petitioner, learned JC to Govt. Pleader No. II for respondent nos. 1 to 3 and Mr. B.K. Majumdar, learned Sr. Advocate, for respondent no. 4 (Shivji Rai). This writ petition is directed against the order dated 4.3.2003 (Annexure 3) passed by the learned Collector of Vaishali in Revision Case No. 44/01 -02 (Shivji Rai vs. Jagdish Rai), under Section 21 of the Bihar Privileged Persons Homestead Tenancy Act, 1947.

(2.) THE present petitioner had filed an application under the Act before the learned Anchal Adhikari, Bidupur (Vaishali), which was registered as Basgit Parcha case No. 17/3 of 9394/94 -95, which was allowed by order dated 30.3.94 (Annexure 1) and basgit parcha for the lands in question was directed to be issued in favour of the petitioner. Aggrieved by this order, respondent no. 4 had preferred a revision application under section 21 of the Act before the learned Collector of the district which was registered as Revision Case No. 44/01 -02 (Shivji Rai vs. Jagdish Rai) which has been allowed by the impugned order dt. 4.3.2003 (Annexure 3) whereby the revision application has been allowed and the order of the learned Anchal Adhikari has been set aside.

(3.) LEARNED counsel for respondent no. 4 has no objection if the matter is remitted back to the learned Anchal Adhikari.