M.Y.EQBAL, J. - (1.) HEARD Mr. L.K. Lal, learned counsel for the petitioners and the learned G.P.II.
(2.) IN this writ application petitioners have prayed for quashing the order dated 29.1.93 passed by respondent No. 2 Circle Officer, Jamua in the district of Giridih in Basgit Parcha Case No. 3 of 1992 -93 by which he has ordered to prepare a Basgit Parcha in the name of respondent No. 3. Petitioners case is that the land lord of village Bolodih settled 43 decimals of land of plot No. 540.83 decimals of land of plot No. 447 of Khata No. 42 with the petitioner and his brother Sukar Kumhar and put them in possession of the same. After settlement, petitioner has been paying rent to the State of Bihar. Petitioners alleged to have constructed a house over a portion of the said land residing therein. It is contended that respondent No. 3 who is distant relation of the petitioner applied before the Circle Officer for settlement of 12 decimals of land out of plot No. 958 of Khata No. 42 situated at village Golodih which was registered as Basgit Parcha case No. 3/92 -93. It is contended that without issuing notice and without giving opportunity of hearing to the petitioner Basgit Parcha was issued in favour of respondent No. 3 with respect to decimals of land of plot No. 958.
(3.) RESPONDENT No. 3 filed his counter affidavit, in which it is stated that Basgit Parcha was issued in his favour after completing all the procedure provided under Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1989 and notice of the proceeding was served upon all the persons including petitioners.;