IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13777 of 2004 REWATI KANT DUBEY S/o Late Bhumi Dutt Dubey, resident of Village Baikunthwa, P.S.Nautan District West Champaran. Versus 1.THE STATE OF BIHAR 2.The Additional Member Board of Revenue, Bihar,Patna. 3.The Collector, West Champaran. 4.The Additional Collector (Ceiling),West Champaran. ----------- CWJC No.12168 of 2004 RADHA KANT DUBEY S/o Late Bhumi Dutta Dubey, resident of Village Baikunthwa P.S.Nautan,District West Champaran. Versus 1.THE STATE OF BIHAR through the Commissioner-cum- Secretary, Department of Land Revenue, Govt. of Bihar,Old Secretariat,Patna 2.The Collector,West Champaran 3.The Additional Collector,West Champaran. ----------- CWJC No.6458 of 2002 REWATI KANT DUBEY Versus THE STATE OF BIHAR & ORS ----------- CWJC No.5861 of 2006 DINESH SINGH Versus THE STATE OF BIHAR & ORS ----------- 10 23.3.2009. C.W.J.C.No.13777 of 2004 and C.W.J.C.No.12168 of 2004 arises out of Ceiling Case no.6 of 1974-75 initiated against one Bhumi Dutt Dubey in respect of 555.18 acres of land situated in Ramnagar and Nautan (West Champaran district) and Ramgarhwa (East Champaran district). Petitioners in both these writ applications are sons of Late Bhumi Dutt Dubey. Both these writ applications have been filed for quashing the resolution dated 9.7.2004 passed by the Additional Member Bard of Revenue, Bihar, Patna in Ceiling Revision no.134 of 2002 and Ceiling Revision no.135 of 2002. Both Ceiling revisions 2 were filed by the petitioners for quashing of the order of Collector, West Champaran dated 18.5.2002 in R.A.Case no.152 of 11983-84 initially Ceiling case no.6 of 11974-75. The revision applications were not heard and decided on merit considering the fact that one Rewati Kant Dubey who is also son of Late Bhumi Dutt Dubey as well as the land holder directly moved before the High Court for quashing the district gazette notification bearing no.S.O. No.125 dated 18.5.2002 issued under the signature of Collector. Writ application was filed without preferring revision against the order of Collector dated 18.5.2002 for the reasons that the Collector, West Champaran on the same day i.e. 18.5.2002 heard the parties in appeal, disposed of the appeal, acquired the land declared surplus by publication of gazette under Section 15(i) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land)Act 1961 and also distributed the land to the land less persons declaring surplus. The Revisional authority considering the pendency of C.W.J.C.No.6558 of 2002 did not decide the revision application on merit for the reasons that common cause of action in the revision application and writ application being the impugned order passed by the Collector dated 18.5.2002 is pending consideration before the High Court i.e. highest court. The revisional authority was of the view that parallel proceeding should not continue. However, it is desirable that the revision so disposed of by the Additional Member Board of Revenue be disposed of on merit. The resolution dated 9.7.2004 in revision case no.134 and 135 of 2002 3 is quashed and the matters are remitted back to the Member Board of Revenue, Bihar Patna for their disposal on merit. One Sri Shishir Kumar Dubey son of Late Sita Ram Dubey has filed an intervener application for intervening in the matter. It will be proper that he may file similar application before the revisional court for being impleaded as party. C.W.J.C.No.5861 of 2006 and C.W.J.C.No.6458 of 2002 which was also being heard analogus will be heard separately. Put up both these matters after one week retaining its position. Sss/- (Mridula Mishra, J)