RAJA RAM RAI Vs. COLLECTOR OF BEGUSARAI

JUDGEMENT

(1.) HEARD counsel for the petitioner and respondent no. 4. However, none appears on behalf of the State.

(2.) THE petitioner who claims himself as a privileged tenant in terms of Section 2(j) of Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as the Act) has challenged the order passed by the Collector under the Act cancelling parcha issued in his favour under the provisions of the Act.

(3.) CERTAIN facts would be necessary for disposal of the present writ application. The petitioners, as it appears, had applied for issuance of Basgit Parcha with regard to a piece of land measuring 8 decimals pertaining to Thana No. 325, Tauji No. 3677, Khata No. 23 and Khesra No. 206 situate in village Churaman Chak in the district of Begusarai. The application filed by the petitioner was entertained by the Collector and on the basis of enquiry report submitted by Amin and Karmchari, the Anchai Adhikari recommended for issuance of Basgit Parcha in favour of the petitioner under the provisions of the Act. The recommendation of the Anchai Adhikari was concurred by the Collector of the district and ultimately parcha was issued. On objection being filed by the respondent no. 4, the land holder for whose land parcha was issued to the petitioner, the Collector reviewed the earlier order issuing basgit parcha in favour of the petitioner and ultimately cancelled the same and directed for his ejectment. The order of cancellation thus has been challenged by the petitioner by this writ application.