IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19104 of 2010 ABHIMANYU SINGH, SON OF LATE MADHO PRASAD SINGH, RESIDENT OF VILLAGE NAGRAH, P.S. NAUGACHIA, CIRCLE NAUGACHIA, DISTRICT BHAGALPUR. ------ PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER, BHAGALPUR DIVISION, GOVERNMENT OF BIHAR. 2. THE COMMISSIONER, BHAGALPUR DIVISION, GOVERNMENT OF BIHAR 3. THE DISTRICT MAGISTRATE, BHAGALPUR 4. THE CIRCLE OFFICER, NAUGACHIA CIRCLE, DISTRICT BHAGALPUR 5. HALKA KARAMCHARI, VILLAGE NAGRAH, CIRCLE NAUGACHIA, DISTRICT BHAGALPUR. ------ RESPONDENTS ----------- 2 24.11.2010 The petitioner is aggrieved by Annexure-3, notification under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as ‘the Act’) dated 16.9.1995. A Ceiling Proceeding was initiated against Ramotar Sahu. Lands belonging to the petitioner appertaining to Khata No. 185, Plot No. 615, measuring 2 Bighas & 2 Dhurs are sought to be distributed by the Collector. When the petitioner learnt that his lands were to be distributed, he made a representation before the Collector and applied for the copy of the notification under Section 15 and has thereafter come to this Court. The facts of this case are that the petitioner is the purchaser vide Annexure-1 dated 25.4.1962 from one Vijay Kumar Ram and Satyendra Prasad who are the recorded tenants of the lands in question. It has been urged that during the ceiling proceeding, without looking 2 into the revenue records and ascertaining the actual ownership of the lands in question, the lands of the petitioner have been clubbed with the lands of Ramotar Sahu, the land holder against whom ceiling proceeding was initiated. Ramotar Sahu had huge property measuring about 500 acres and it is submitted that without proper enquiry, the lands of the petitioner have been declared surplus. It is specifically stated in various paragraphs of the writ application that the petitioner could not move this Court earlier as he did not have knowledge of the ceiling proceedings and there was no threat to his possession. The lands in question have a mango orchard and part of the lands is used for cultivation purposes. It was only when the Halka Karamchari informed the petitioner that the lands were to be distributed that the petitioner learnt of the said Ceiling proceeding. Since the ceiling proceeding has concluded, the only option for the petitioner is to file an application under Section 45B of the Ceiling Act before the State Government along with all the documents which would show his title. The total land that has been acquired out of the Khata and Plot described aforesaid is 3.5 acres, however, the petitioner is only concerned with 2 Bighas and 2 Dhurs which is the subject matter of the sale deed 3 on which he is claiming title. I, therefore, direct that the petitioner may file an application under Section 45B of the Act within a period of eight weeks on receipt of a copy of this order. During the pendency of the proceeding under Section 45B of the Act, the District Magistrate, Bhagalpur, the Circle Officer, Naugachia Circle (Bhagalpur) and the Halka Karamchari, Village Nagrah should not interfere with the possession of the petitioner. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J. )