CIVIL WRIT JURISDICTION CASE No.101 OF 2000 1. KABINDRA KUMAR SINHA, SON OF LATE KRISHNA KUMAR SINHA, RESIDENT OF VILLAGE & POST- REOTITH, POLICE STATION- BAIKUNTHPUR, DISTRICT- GOPALGANJ, AT PRESENT ADVOCATE, GOPALGANJ. 2. KRINENDRA KUMAR SINHA, SON OF LATE KRISHNA KUMAR SINHA, RESIDENT OF VILLAGE & POST REOTITH, POLICE STATION- BAIKUNTHPUR, DISTRICT- GOPALGANJ, AT PRESENT RESIDING AT 98, ANANDPURI, P.S.- SHRI KRISHNAPURI, PATNA. 3. KAUSHLENDRA KUMAR SINHA, SON OF LATE KRISHNA KUMAR SINHA, RESIDENT OF VILLAGE & POST REOTITH, POLICE STATION- BAIKUNTHPUR, DISTRICT- GOPALGANJ, AT PRESENT ADVOCATE, PATNA HIGH COURT, RESIDING AT 104, GANDHI NAGAR, BORING CANAL ROAD (WEST), PATNA- 800001. Versus 1.THE STATE OF BIHAR 2. THE BOARD OF REVENUE, BIHAR AT PATNA. 3. THE COLLECTOR, GOPALGANJ. 4. THE S.D.O., GOPALGANJ :---- RESPONDENTS. ===== For The Petitioner :Dr. K.N.Singh, Senior Advocate. For The State : Mr. Ajay, S.C.-3 (Ceiling) ======= P R E S E N T THE HON'BLE MR. JUSTICE V.N. SINHA V.N.Sinha,J. Heard learned counsel for the petitioners and the State. 2. Petitioners are the landholders. A ceiling proceeding was initiated against them by the Collector under the Act vide Ceiling Case No. 71/1975-76 in which petitioners filed their objections claiming five units but the authorities under the impugned order dated 4.4.1997, Annexure-3 has allowed them 3 units which has been affirmed by the appellate and the revisional authority i.e. Board of Revenue. This writ application has been filed questioning the action of the respondent authorities to include the land of others in the draft statement as also to include them in the area given to the petitioners in their unit contrary to the - 2 - averment made in Annexure-2 to the objection, Annexure-7. In Annexure- 2 appended to the objection, Annexure-7 petitioners categorically stated that the lands detailed in Annexure-2 does not belong to them as those lands are of some other persons and have been wrongly included in Parshishtha “Ka” and should be excluded from the lands of the petitioners. 3. It is submitted on behalf of the petitioners that if the lands of Parshishtha “Ka” of the draft statement is excluded from the lands which is to be given to the petitioners in the light of the findings of the Collector under the Act contained in order dated 4.4.1997, Annexure-3 then their purpose will be served as petitioners does not posses any surplus land. 4. Having heard counsel for the petitioners and the State, Sri Ajay, S.C.-3 (Ceiling), I direct the Collector, Gopalganj to exclude the lands of Parshishtha “Ka” as shown in Annexure-2 to the objection filed by the petitioners which is contained in Annexure-7 and to that extent modify the draft statement issued under Section 11(1) of the Act which is dated 31st May, 1997 and is contained in Annexure-8 to this application and thereafter grant the petitioners right to exercise option as per Section 9 of the Act. The Collector under the Act should proceed in accordance with law, as has been directed in this order, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order before the Collector under the Act. 5. The writ application is, accordingly, disposed of. The Patna High Court The 4th day of May, 2010. P.K.P./N.A.F.R. (V.N.Sinha,J.)