IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1499 of 2009 1. BHAGWAT CHOUDHARY, S/O LATE MAHABIR CHOUDHARY, VILL- HULAS, TOLA BICHARI, P.O. HULAS, P.S. RAGHOPUR, DISTT. SUPAUL 2. ARVIND KUMAR CHOUDHARY, S/O BHAGWAT CHAUDHARY, VILL- HULAS, TOLA BICHARI, P.O. HULAS, P.S. RAGHOPUR, DISTT. SUPAUL, 3. ASHOK KUMAR CHOUDHARY, S/O BHAGWAT CHAUDHARY, VILL- HULAS, TOLA BICHARI, P.O. HULAS, P.S. RAGHOPUR, DISTT. SUPAUL ….. ………………………….… (PETITIONERS) – APPELLANTS. Versus 1. THE STATE OF BIHAR, 2. THE MINISTER, REVENUE, BIHAR, PATNA THROUGH THE SECRETARY, REVENUE, BIHAR, PATNA 3. THE COLLECTOR, SUPAUL AT SUPAUL … (RESPONDENTS) ………………………. RESPONDENTS. ----------- 2. 29.04.2010. The present appeal is directed against the order dated 07.08.2009 passed by the learned single Judge in CWJC No. 13659/2002. We have heard Mr. Uma Shankar Singh No. 2, learned counsel for the appellants, and Mr. Mithilesh Kumar Upadhyay, learned A.C. to S.C. (C)-II. On a perusal of the order passed by the learned single Judge it is noticeable he has declined to grant the relief, as prayed for by the petitioners and only granted liberty to them to file an application for restoration of the proceeding that has been instituted under Section 45B of 2 the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as `the Act’). In course of hearing, on a query being made from Mr. Upadhyay whether he has any objection for restoration of the proceeding initiated under Section 45B of the Act, he fairly submitted, he has no objection. In view of the aforesaid, the application preferred under Section 45B of the Act before the State Government shall stand restored and the competent authority shall deal with the same after affording an opportunity of hearing to the petitioners-appellants or their representative within a period of four months from the date of receipt of the order passed today. With the aforesaid modification in the order of the learned single Judge, the appeal stands disposed of. Let a free copy of the order be handed over to Mr. Upadhyay, learned counsel for the State, to do the needful in the matter. Dilip ( Dipak Misra, C.J. ) ( Mihir Kumar Jha, J. )