- (1.) Aggrieved By Order Dated 10.04.2013 In Appeal No. 3 of 2005, the present writ petition has been filed.
(2.) The Petitioners Are Legal Heirs And Successors Of Sirajuddin Sheikh and Tafizuddin Sheikh who purchased a piece of land from Smt. Labannamayee Devi through registered sale deed dated 31.10.1960. The land in question is comprised in plot no. 1072, holding no. 504 appertaining to J.B. No. 366 of mouzaRahaspur. The petitioners claimed that the said land is entered in RegisterII in their name and they are paying rent for the said pokhar plot. On the application of respondent no. 4 for Basgit Parcha of two katha in Pokhar Plot No. 1072, the Halka Karamchari and Circle Officer submitted report describing the respondent no. 4 as privileged person. It is pleaded that though, the land in question was settled in favour of the petitioners by the SubDivisional Officer, Pakur, Basgit Parcha was issued in favour of the respondent no. 4 vide order dated 25.02.1997. The said order was challenged by the petitioners by filing petition under Section 21 of the Privileged Persons Homestead Tenancy Act, 1947 which has been registered as RMP No. 06 of 199899. The Deputy Commissioner setaside the order dated 25.02.1997 and remanded the case for fresh enquiry. After remand also, the respondentCircle Officer issued Basgit Parcha in the name of the respondent no. 4 vide order dated 28.07.2004 and the appeal preferred by the petitioners vide RMA Case No. 03 of 2005 has also been dismissed. Aggrieved, the petitioners have approached this Court.
(3.) Mr. D.K. Prasad, The Learned Counsel For The Petitioners submits that the respondent no. 4 is not a landless person. The Circle Officer in his order dated 28.07.2004 records that the respondent no. 4 would get 10 kathas of land in his ancestral property still, the Circle Officer as well as the Deputy Commissioner has held the respondent no. 4 as landless person. It is further contended that the specific plea raised by the petitioners before the appellate authority in RMP Case No. 6 of 199899 has, on remand, not been examined by the Circle Officer.;