DEO NANDAN KISHORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the Petitioner prays for quashing of the order dated 2.12.1986, passed by the Circle Officer, Goraul in Basgit Parcha case No. 16 of 1986-87 a true copy whereof has been annexed as annexure 'B' to the writ application and further for issuance of a direction to the Respondents not to disturb the peaceful possession of the Petitioner over the land in question.

(2.) The dispute in the present case relates to 11 Decimals of land appertaining to khesra No. 1936, Khata No. 694 in village Sondho Basudeo within police station Goraul in the district of Vaishali. It appears that applications were filed by Respondent Nos. 3 and 4 before the Circle Officer, Goraul praying for issuance of Basgit parcha in respect of the said land under the provisions of the Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as the 'Act'). The Petitioner filed his objection inter alia contending that there was no relationship of tenancy between him and Respondent Nos. 3 and 4, which would attract the provisions of the Act and further that Respondent Nos. 3 and 4 had their own as well as ancestral residential houses and thus, the provisions of the Act will have no application and the said Respondents cannot claim permanent tenancy in the holding in question. A true copy of the said objection has been annexed as annexure '2' to the writ application. Thereafter it appears that the Circle Officer held local inspection in presence of the Respondents 3 and 4 as also in presence of the Manager of the Petitioner, who is landlord, as it appears from the impugned: order dated 2.12.86. Thereafter, the Circle-Officer passed the impugned order as contained in annexure '5' against which the present writ application has been admitted and notices were directed to be issued by order dated 23.7.87 and pending final hearing an interirn order for maintenance of status quo was passed.

(3.) Although Respondent Nos. 3 and 4 have entered appearance through their learned Counsel in the present case, but no counter affidavit has been filed, nor the Counsel has appeared to oppose the application. The State of Bihar and Circle Officer, Goraul, who are Respondent, Nos. 1 and 2 have also not filed any counter affidavit nor any body has appeared on their behalf to oppose the application.