RAMZAN ALI ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Alok Kumar Sinha, counsel for the petitioners. No one appears on behalf of respondent no. 3(a).

(2.) This writ petition arises from a proceeding under the Bihar Privileged Persons Homestead Tenancy Act and the petitioners who are the land-holders seek to challenge the order, dated 5/11.1.1988 passed by the Circle Officer, Dehri in P.P.C. Case No. 3 of 1987-88 directing for the grant of Parcha to Gurucharan Ram who was originally impleaded as respondent no. 3, Gurucharan Ram died during the pendency of the writ petition and was substituted by his heirs and legal representatives.

(3.) The dispute relates to five decimals out of plot no. 320 with a total area of 17 decimals under khata no. 58, situate in village Manjhiyaon, P.S. Dehri (Dari Hat) in the district of Rohtas. A copy of the order sheet of the proceeding is enclosed as Annexure 3 from which it appears that Gurucharan Ram made an application before the Circle Officer claiming that he was living on the disputed land after constructing a house and prayed for grant of Parcha in respect of the land in question. The Circle Officer noted the contents of the petition in his order, dated 28.8.1987 and directed for issuance of a notice to petitioner no. 1 as also a public notice.