IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14939 of 2009 ANAND SHANKER ROY, Son of Late Tara Charan Raoy, resident of Village- Rannuchak, Purana Tola P.O. Rannuchak, Anchal and P.S.- Nathnagar District- Bhagalpur.. Transferee-opposite party No.1-Appellant..Petitioner. . Versus 1.THE STATE OF BIHAR 2. The Collector, Bhagalpur. 3. The Deputy Collector, Land Reforms, Bhagalpur. 4. The Anchal Adhikari, Anchal Nathnagar, District- Bhagalpur. 5. The Circle Inspector, Anchal Nathnagar District- Bhagalpur. 6. The Halka Karmchari, Anchal Nathnagar, District- Bhagalpur. 7. Ram Narayan Roy. 8. Shyam Narayan Roy. Both Sons of Late Kedar Nath Roy. Both residents of Village- Rannuchak, Purana Tola, P.O.- Rannuchak, Anchal and P.S.- Nathnagar District- Bhagalpur …Pre-emptor Appellant-Respondent 1st party ….Opposite parties 1st party-Respondent 1st party. 9. Shambhu Nandan Roy, Son of Late Deo Narayan Roy 10. Ganesh Ganjan 11. Amit Kumar Roy Both Sons of Shambhu Narayan Roy. 12. Ravi Kumar Roy, minor son of Sri Shambhu Nandan Roy, minor through his father and guardian. All residents of Village- Rannuchak, Purana Tola, P.O.- Rannuchak, Anchal and P.S.- Nathnagar, District- Bhagalpur. At present residing at Mohalla- Ramsarriear Dyeing and Printing Factory, P.O. City Post Office- Bhagalpur. P.S.- Kotwali, Town and District- Bhagalpur. …Transferer-Opposite Parties-IInd Party. …Respondent IInd Party. 13. Smt. Ram Dulari Devi Wife of Shri Anand Shanker Roy, resident of Village- Rannuchak, P.O.- Rannuchak Anchal and P.S.- Nathnagar, District- Bhagalpur. …Transferee-Opposite party 1st party-Appellant opposite party IIIrd party-Respondent IIIrd party :--Respondents. ----------- 02. 09.11.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is the vendee. He is aggrieved by the order dated 21.08.2009 passed in Land Ceiling Case No. 08/04-05, Annexure-9, whereunder the Deputy Collector Land Reforms “Sadar”, Bhagalpur in the light of his order dated 27.02.2008 passed in the said case has directed that Respondent No.7 and 8 be put in possession of the lands-in-question. While passing the said order, learned Deputy - 2 - Collector Land Reforms has not noticed the fact that against the order dated 27.02.2008 passed in Land Ceiling Case No. 08/04-05 petitioner-vendee has filed Land Ceiling Appeal No. 13/08-09 and the fact that the appeal is continuation of the suit and until disposal of the appeal the pre-emptor Respondent Nos. 7 and 8 should not be put in possession of the lands-in-question. 3. Having appreciated the aforesaid fact, I direct that until disposal of Land Ceiling Appeal No. 13/2008-09, Private Respondent Nos. 7, 8 be not put in possession of the lands-in-question. The learned Collector, Bhagalpur is, however, directed to consider and dispose of the appeal at the earliest, preferably within a period of three months from the date of receipt/production of a copy of this order. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)