HEMANTKUMARCHAVDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent Nos 4 and 5 as well as the learned counsel appearing for the State.

(2.) The petitioner has originally filed this application for quashing An- nexure 3, letter dated 24-12-1992 order by the Block Development Officer, Pakur (respondent No. 3), by which he has communicated the direction of the Deputy Commissioner (respondent No. 2) to the Mukhya of Bishampur Grampanchayat to construction the house of respondents No. 4 and 5 over the land of plot No. 162 in Village Khaprajola, P. S. Pakur, Subsequently he filed an amended application by which he has prayed for quashing Annexure 9 which is a parcha granted in favour of respondents No. 4 and 5 under the provision of the Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as the Act)

(3.) The facts which are necessary for disposal of this present application are that the petitioner's claim plot No. 162 by virtue of the settlement and they have filed certain documents along with the writ application which prima facie shows that they have interest in the land. Their grievance is that the respondent authorities have taken steps to construct the house of respondent Nos. 4 and 5 over a part of the aforesaid plot without plot without following the procedure prescribed under the law inasmuch as granting parcha to them they have taken steps for the construction of the house over the land of the petitioner without notice to him. Later on they have granted a parcha as contained in Annexure 9 without following the procedure prescribed under the provision of the Act.