IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17430 of 2018 ====================================================== Anandi Prasad Yadav C/o- Late Acchey Lal Mahto, R/o- Village- Bhikhari Ghat, P.O.- Budhwa, P.S.- Alauli, District- Khagariya. ... ... Petitioner/s Versus 1. The State Of Bihar through the Principal Secretary, Revenue Department, Patna, Bihar 2. District Magistrate, Khagariya, Khagariya Bazar, Khagariya, Bihar, Pin Code- 851204. 3. Circle Officer, Alauli, Khagariya, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Deovind Kumar Singh, Advocate For the Respondent/s : Mr. Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 24-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State. 2. The present writ petition has been filed for directing the respondent authority not to dispossesses the petitioner from his purchased land, whose description has been given in the writ petition. 3. Learned Counsel for the petitioner submits that the petitioner has purchased the Plot No.4139, Khata No.79, measuring an area of 4 Bigha 15 Kathha 2 dhur and Plot No.4140, Khata No.79, measuring an area of 16 Kathha 10 dhur (total 5 bigha 11 kathha 12 dhur) situated at Mauza- Meghauna, P.S.-Alauli, District- Khagaria through the registered sale deed Patna High Court CWJC No.17430 of 2018(2) dt.24-02-2025 2/3 dated 31.03.1960. Counsel submits that after purchase of the said land, petitioner has filed application before the Circle Officer for mutation of the land and the land was mutated in his name. Since then, he was paying rent to the Government. Counsel further submits that the Circle Officer in the year 2017 started measurement of the land with intention to hand over the possession of the said land to the different persons. When objection was raised by the petitioner and his son then, it has been informed by the Circle Officer, Alauli that the parcha of the said land has been granted to the different persons. The then Circle Officer visited there to hand over the possession of the said land in the name of parcha holders. Counsel further submits that thereafter, he has filed representation before the District Magistrate, Khagaria in this matter but since then, the District Magistrate has sat over the matter and no decision has been taken till date. 4. Learned Counsel for the State submits that counter affidavit has been filed and since, parcha has been allotted to the different persons, therefore, the only remedy available to the petitioner is to get the parcha cancelled under the Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act No. IV of 1948). Patna High Court CWJC No.17430 of 2018(2) dt.24-02-2025 3/3 5. In the light of the submissions made by the parties, it is hereby directed to the petitioner to move before the District Magistrate, Khagaria (Respondent no.2) under Bihar Privileged Persons Homestead Tenancy Act, 1947 (Bihar Act No. IV of 1948) along with the order passed by this Court within 30 days and the District Magistrate, Khagaria upon hearing both the parties i.e. petitioner as well as concerned parcha holder, shall take a decision in this matter within 90 days from the date of completion of their appearance. 6. Accordingly, with the aforesaid direction, this writ petition stands disposed off. Divyansh/- (Dr. Anshuman, J) U