JUGAL SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The matters in issue are the orders passed by the authorities concerned under the provisions of The Bihar Privileged Persons Homestead Tenancy Act, 1947 (in short "Act, 1947") with respect to a small parcel of land bearing plot no.315 appertaining to khata no.181 area 5 decimals situate at village-Mohammadpur Tola Hichhan Bigha, P.S.-Daud Nagar, District-Aurangabad (hereinafter to be referred to as the "lands in question").

(3.) The learned senior counsel appearing on behalf of the petitioners submits that originally the petitioners filed their petition under the provisions of the Act, 1947 for grant of homestead parcha to them with respect to the lands in question, which gave rise to Homestead Parcha Case No.12 of 2000-01 and it was finally allowed by the respondent Circle Officer, Daud Nagar by his order dated 11.08.2001 (Annexure-2), and the claim of the petitioners for grant of homestead parcha was accepted only with respect to two decimals of lands. Consequently, the homestead parcha dated 11.08.2001, as contained in Annexure-3, was issued in favour of the petitioners. It is contended that subsequently the petitioners raised their claim for further area of the lands in question, which was allowed by the subsequent order dated 02.12.2005 (Annexure-4) and the petitioners were granted another homestead parcha for further two decimals of land of the plot in question under the provisions of the Act, 1947. The consequential homestead parcha dated 07.12.2005 (Annexure-5) was also issued in favour of the petitioners. Therefore, according to him, the petitioners have been granted 4 decimals of lands of plot no.315 by issuing two homestead parchas, as contained in Annexure-3 and 5. It is next contended by the learned senior counsel that the private respondent no.7, being aggrieved by the subsequent order dated 02.12.2005 (Annexure-4) filed Revision Case No.41 of 2006 before the District Collector, Aurangabad under Section 21 of the Act, 1947, which was finally disposed of by an order dated 30.10.2006 (Annexure-6) and the matter was remitted back to the Circle Officer, Daud Nagar for passing a fresh order.