DHANESHWAR MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ petition has been filed for cancellation of Parcha dated 31.10.1983 passed by Respondent No. 2 in favour of private Respondent Nos. 3 and 4 in respect of the land of the Petitioners of Khata No. 432, Khesra Nos. 2176 and 2177 measuring an area of 2 Kathas 3 dhurs.

(3.) The Petitioner is impugning the said proceeding inter alia, on two grounds, namely, (i) in the impugned order granting Parcha, there is no mention that the private Respondents are privileged persons within the meaning of the Bihar Privileged Persons Homestead Tenancy Act (hereinafter referred to as the said Act) and (ii) there has been no enquiry by the Circle Inspector. The enquiry has admittedly been conducted by the Halka Karamchari on which the Circle Inspector has merely signed. This enquiry is not in accordance with Rule 5 of the Bihar Privileged Persons Homestead Tenancy Rules (hereinafter referred to as the said Rules). As such the impugned order dated 31.10.1983, a copy of which is at Annexure-1, cannot be sustained.