Nawal Kishore Sah vs The State of Bihar and Others

Shiva Kirti Singh, J.—Heard the parties and perused the impugned order passed by Collector, Araria. The claim of the Petitioner for grant of purcha as a privileged person under the Bihar Privileged Persons Homestead Tenancy Act, 1947 was allowed by Anchaladhikari but in appeal, by the impugned order the Collector, Araria has rejected the said claim on the basis of finding to the effect that in Jokihat lands of khata No. 87 are recorded in the name of his grand-father and the said land is homestead. Another land in the village in question i.e. village Madanpur comprised khata No. 2414, khesra No. 83 has also been found to be a homestead land in the name of Petitioner''s father. The said findings are supported by khatian and reports contained in annexures 5, 6 and 7. The Collector has also given the finding that the Petitioner''s claims that he was in possession over the lands claims by him for over forty years is apparently false in view of his age which at present appears to be 47 years. In the counter affidavit the private Respondent has annexed certain annexures to show that the Petitioner''s family has a third homestead in khata No. 56 in village Jokihat and family also owns other land.

In view of aforesaid facts this Court finds that the provisions of the Bihar Privileged Persons Homestead Act does not permit grant of purcha to a person like the Petitioner who has several houses. In such circumstances no useful purposes will be served by remitting the matter back to the Anchaladhikari. Hence this Court finds no good ground to interfere with the impugned order.

This application is accordingly, dismissed.