IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17803 of 2011 1. Ram Sagar Prasad Singh Son Of Late Ram Khelawan Singh Resident Of Village : Sarvodaya Nagar, P.S. Town, Begusarai, District: Begusarai 2. Tara Devi Wife Of Ram Sagar Prasad Singh Resident Of Village : Sarvodaya Nagar, P.S. Town, Begusarai, District: Begusarai …… Petitioners Versus 1. The State Of Bihar Represented Through The Secretary, Revenue And Land Reforms Department, Government Of Bihar, Patna 2. The District Magistrate, Begusarai 3. The Circle Officer, Begusarai, District: Begusarai …. Respondents For the Petitioners : M/S Mrigank Mauli and Ravish Kumar, Advocates For the State : Mr. Pankaj Kumar, AC to GA 8 2 09.11.2011 Heard learned counsel for the petitioners and the State. At the time of hearing of this case, the learned counsel for the petitioners fairly submits that though this writ application has been filed for a direction to the respondent no. 2, the Collector, Begusari, to dispose of Case No. 7 of 2006 passed under Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land ) Act, 1961 (hereinafter referred to as “the Act”), 2 the same would not be maintainable in view of the provisions as contained in Section 45B of the Act. Thus, learned counsel for the petitioners submits that petitioner would file an application before the concerned Collector for withdrawal of the aforesaid case and file a proper petition before the appropriate forum as available in view of the provisions as contained in Section 45B of the Act. Learned counsel for the State also submits that petition under Section 45B of the Act would not be maintainable before the Collector of the District in view of the amendment in Section 45 B of the Act as back as in the year 1997 and the State Government is empower to hear such matter. In view of the matter, this writ application is disposed of with liberty granted to the petitioner to file an application for withdrawal of the Case No. 7 of 2006, which is pending before the Collector, Begusarai and file a proper application under Section 45 B of the Act before an appropriate authority. If such application is filed before the appropriate forum, let the concerned authority decide the same 3 on its own merit in accordance with law without being prejudiced either by this order or by the withdrawal of the Case No. 7 of 2006 which is pending before the Collector, Begusarai. Spd/- ( Dr. Ravi Ranjan, J.)