ORDER 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") 3. 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. 4. 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. 5. In view of the stand taken by the State counsel, I am not inclined to interfere with the impugned order. 6. The petitioner will file his show cause within four weeks from today before the Circle Officer, Madhupur (respondent No. 5). Without being prejudiced by the observations/findings recorded in the order dated 21.12.2004 (Annexure 5) passed by the Deputy Commissioner, Deoghar in Misc Case No. 13 of 1998-99, the Circle Officer, Madhupur (respondent No. 5) will proceed with the matter and pass a reasoned order, in accordance with law, after hearing the parties, within a period of three months from the date of filing of such show cause by the petitioner. It is made clear that if the petitioner does not cooperate in the proceeding, the Circle Officer will be entitled to pass order ex parte. 7. With the aforesaid observations and directions, this writ petition is disposed of.