AMARESHWAR SAHAY, J. - (1.) IN this writ application the petitioner has prayed for quashing the order dated 22.11.1996 as contained in Annexure -5 to the writ application whereby the Circle Officer, Tandwa, District Chatra passed an order for issuance of Basgit Parcha in favour of respondent no. 3 and 4 with respect to plot nos. 1898 and 1899 within the Khata no. 171.
(2.) IT appears from the Annexure -1 that respondent no. 3 and 4 applied for issuance of Basgit Parcha in their favour with respect to the plot in question under the provision of Bihar Privileged Persons Homestead Tenancy Act, 1947 before the respondent no. 2. On the basis of the said application, as it would appear from the impugned order, the Circle Officer considering the fact that nobody objected to the application filed by the respondent no. 3 and 4 and that they were living since last 30 years by constructing a house, he allowed the application of the respondent no. And 4 And ordered to issue Basgit Parcha in their favour. 3. From the order dated 3.11.2003, it appears that this Court ordered that though the counter affidavit has been filed on behalf of the respondent nos. 3 And 4, the copy of the same has not been served on the counsel for the petitioner. Therefore, it was ordered that the copy must be served on the counsel for the petitioner And that the counter affidavit should be accepted on the condition that a sum of Rs. 1000/ - is to be deposited. It is stated that no cost has been deposited as per the order of this Court. Therefore, counter affidavit filed by the respondent no. 3 And 4 is hereby ignored. Nobody appeared on behalf of the respondent nos. 3 And 4 to oppose this application.
(3.) MR . C.S. Prasad, learned counsel for the petitioner has raised very short point to the effect that Section 2(i)(b) of the Bihar Privileged Persons Homestead Tenancy Act has not been complied with and therefore, no order for issuance of Basgit Parcha could have been passed. Elaborating his argument Mr. C.S. Prasad submitted that Section 2(i)(b) prescribes that a person applying for issuance of Basgit Parcha, firstly is to be declared as Privileged person. Privileged person means, a person who, besides his homestead, holds no other land or holds any such land not exceeding one acre. Learned counsel for the petitioner submits that from the impugned order it appears that there is no finding in that regard that the respondents no. 3 and 4 were holding land less than one acre. In support of his contention he has relied on the decision in the case of Hira Lal vs. Vishwanath Sah reported in 1978 BBCJ 623, wherein it has been held that the twin conditions are necessary to be satisfied for being a privileged person and it is obligatory on the part of the Collector to adhere to the provisions of law and to strictly comply with the Rules and he has to record prol1er 1inding in such matters.;