RAMESH KUMAR MERATHIA, J. - (1.) HEARD .
(2.) THE petitioner has challenged the order dated 21.12.2004 (Annexure 5) passed by the Deputy Commissioner, Deoghar (respondent No. 2) directing the Circle Officer, Madhupur, to initiate a proceeding and pass final order under the provisions of the Bihar privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as "the Act") It is submitted on behalf of the petitioner that in the impugned order (Annexure 5), the Deputy Commissioner, Deoghar has held that the petitioner was granted Basgit Parcha illegally and, therefore it will be an empty formality for the Circle Officer to pass a fresh order on a fresh enquiry.
(3.) MR . Manjul Prasad, learned Standing Counsel (Land Ceiling), appearing for the State -respondents, submitted that this enquiry was started on the complaint of the villagers and the Deputy Commissioner, Deoghar while passing the impugned order, only recorded his prima facie satisfaction for proceeding afresh.;