Judgment 1. Heard learned counsel for the petitioner, learned counsel for respondent nos. 7 and 8 to 11 as well as learned counsel for the State. 2. The petitioner claiming to be a privileged person has filed this application for quashing the order dated 16.12.1999 passed by the Collector, Muzaffarpur, in Misc. Case No. 38 of 1998. This order has been passed by the Collector in exercise of jurisdiction under Section 21 of the Bihar Privileged Persons Homestead Tenancy Act and by this order respondent no. 2 has cancelled the basgit parcha issued in favour of the petitioner with respect to the lands of Khata No. 355, plot No. 378 measuring 0.03 decimal of Mauza Parwalpatti within Sahebganj Anchal. 3. The petitioners case is that his father Late Jaglal Sah, during his life-time had applied for basgit parcha before the Circle Officer, Sahebganj, Muzaffarpur. After holding proper enquiry basgit parcha was issued in favour of Jaglal Sah and he came in possession of the land in question. Subsequently by Annexure-8 the Collector, Muzaffarpur, has cancelled the basgit parcha without giving any opportunity of hearing to the petitioner. 4. Learned counsel for the respondent nos. 7 and 8 to 11 has stated that the petitioner had applied for basgit parcha of the land in question of which Rameshwar Prasad was the land-holder. Rameshwar Prasad had died before filing of the application, in the year 1974. Subsequently, his other two brothers also died and against the dead person application was filed. The Circle Officer without holding any enquiry or without issuing any notice to the interested persons and the land-holder issued basgit parcha in favour of the petitioners father. When respondent nos. 7 to 11 came to know about the issuance of basgit parcha, they filed Misc. Case before the Collector and the Collector by the impugned order, as contained in Annexure-8, has cancelled the basgit parcha issued in favour of the petitioner. 5. A counter-affidavit has also been filed by the State wherein it has been stated that the Collector has cancelled the basgit parcha issued in favour of the petitioner on the ground that the land in question falls within the jurisdiction of Notified Area Committee and the provision of Bihar Privileged Persons Homestead Tenancy Act [ is not applicable with respect to the said land. Since the order contained in Annexure-8 has been passed without giving notice to the petitioner, same is illegal. The order passed in Basgit Parcha case no. 14 of 1996-97 is also illegal as it was allowed against the dead person and without giving | any notice to the legal heirs of the original land-holder. 6. Accordingly, the orders dated 16.12.1999 passed by the Collector in respect of Misc. Case No. 38 of 1998-99 (Annexure-8) and the order passed in Basgit Parcha case no. 14 of 1996-97 are hereby quashed. The petitioner, if so desire, may file another application before the Circle Officer. The Circle Officer if finds that the land in question does not fall within the jurisdiction of Notified Area Committee then he will consider the matter and dispose it of in accordance with law. 7. Since both the orders have been quashed, the Circle Officer will consider the matter, if respondent nos. 7 to 11 approach for maintaining the status quo over the land in question. 8. This writ application is accordingly disposed of.