IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5339 of 2011 MD.PHOOL HASAN S/O LATE HASIM, R/O VILL-PATIASA, P.O. MIRJAPUR, P.S. AHIYAPUR, DIST. MUZAFFARPUR --- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH COLLECTOR, MUZAFFARPUR 2. MD. MIRAJ ALAM 3. MD. SHIRAJ ALAM 4. MD. SARFARAZ ALAM ALL ARE MINOR SONS OF MOHD. SALAM UNDER GUARDIANSHIP OF FATHER MD. SALAM, R/O VILL PATIASA P.O. MIRJAPUR, P.S. AHIYAPUR, DIST. MUZAFFARPUR 5. MD. ISLAM SON OF MD. KASIM R/O VILL. PATIASA, P.O. MIRZAPUR, P.S. AHIYAPUR, DIST. MUZAFFARPUR. 6. BIBI RASOOLA KHATOON W/O MD. RASHID AND D/O MD. KASIM R/O VILL PATIASA P.O. MIRZAPUR, P.S. AHIYAPUR, DIST. MUZAFFARPUR --- RESPONDENTS. For the petitioner : Mr. Punam Shrivastava, Advocate. For the State : Mr. Anjani Kumar A.A.G. 10 ----------- 02 25.03.2011 Heard learned counsel for the petitioner and the State. Petitioner has filed the present application seeking issuance of appropriate writ(s)/ direction(s) commanding respondent no. 1 (Collector, Muzaffarpur) to dispose of the pending appeal bearing no. 53 (Ceiling)/2006-07. According to the writ petitioner, he filed an application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land ) Act, 1961 (for short the „Act‟) seeking enforcement of his right of pre-emption. The original Court by a proceedings dated 28.11.2006 (Annexure-1) rejected the said application. Aggrieved by the said order, he filed appeal being Appeal no. 53( Ceiling) of 2006-07 which was admitted on 15.01.2007. Petitioner has averred as under in paragraph nos. 11 and 12:- “11. That petitioner states and 2 submits that quasi judicial proceeding should be conducted in judicious manner but kept the matter pending since long back is against the spirit of the stature. 12. That petitioner submits that actions of the respondents are against the all cannons of justice.” It is thus submitted on behalf of the petitioner that appropriate direction(s) may be issued to the said authority/Court to dispose of the said appeal expeditiously. Mr. Anjani Kumar, learned Additional Advocate General no. 10, in view of the facts stated in the application and the submissions made in support thereof, does not object to the said prayer being granted by this Court. Having heard the parties and after going through the materials on record, this Court is satisfied that the present application be disposed of by the following order:- Let the petitioner approach the respondent Collector by filing application annexing therewith a copy of the present order within a period of 04 weeks from today whereafter the respondent Collector shall take appropriate steps to consider the pending appeal being appeal no. 53(Ceiling) of 2006-07, and dispose of the same in accordance with law after affording opportunity of hearing to the parties within a period of 10 weeks therefrom. Sym/ ( Kishore K. Mandal, J.)