WAJUDDIN Vs. STATE

JUDGEMENT

(1.) This is an application under Arts.226 and 227 of the Constitution. A prayer has been made for issuance of a writ of certiorari for quashing Annexures- 3 and 5. By Annexure-3 which is an order dated 29-8-1981 passed by the Anchal Adhikari, Katihar in Basgit Case No. 72 of 1980-81, Respondent No. 2 Md. Belal Hussain has been declared to be a privileged person and it has been directed to issue a Purcha to him in respect of plot No. 274, khata No. 72 area 3 decimals in village Rampur in the district of Katihar. The petitioner has challenged this order contained in Annexure-3 on the ground that the impugned order is not only cryptic and unreasoned but no finding has been recorded that there is any relationship of landlord and tenant between the petitioner and respondent No. 2. It is also submitted that there is no finding that respondent No. 2 is a privileged person.

(2.) According to S.2(h)(i) of the Bihar Privileged Persons Homestead Tenancy Act, privileged person means a person

(3.) The application, accordingly, succeeds and the impugned order contained in Annexure-3 is quashed. There shall be no order as to costs. Application allowed.