IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.14629 OF 2010 1. SIRJA DEVI, WIFE OF LATE BASUDEO SAH 2. BHOLA SAH @ HARI SHANKAR PRASAD, SON OF LATE BASUDEO SAH 3. MITHILESH SAH @ MITHILESH PRASAD, SON OF LATE BASUDEO SAH ALL RESIDENT OF VILLAGE DHADHI, POLICE STATION NANPUR, DISTRICT SITAMARHI …………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, LAND REFORMS, BIHAR, PATNA 3. THE COLLECTOR, SITAMARHI 4. THE ANCHAL ADHIKARI, NANPUR, DISTRICT SITAMARHI 5. MINA DEVI, WIFE OF LAKHPATI PASWAN, RESIDENT OF VILLAGE SIRSI, POLICE STATION NANPUR, DISTRICT SITAMARHI ……………………………………………………………………..RESPONDENTS ******* 2 03/09/2010 This writ application has been filed challenging Annexure-3 which is a notice to the petitioner to explain the circumstances under which he is an occupant of the lands in question. The petitioners had purchased the lands of Khata No. 990, plot no. 1249, measuring 24 decimals from the land holder against whom a ceiling proceeding was instituted. As a result of the ceiling proceedings, the petitioners’ land was declared to be the surplus land of the land holder. The petitioners moved this Court by filing CWJC No. 12504 of 2000, which was disposed of on 17.12.2004 with liberty to the petitioners to file an application under Section 45 B of the Land Ceiling Act before the State Government. There was a direction of this Court to the State Government to decide the 45B - 2 - matter within a period of three months. However, the application under Section 45B of the Act remained pending for almost four years before it was dismissed for default. After the order of dismissal, the petitioners filed a restoration application on 13.04.2010. Learned Counsel for the petitioners submits that the matter is still pending before the Minister and no order has been passed on the restoration application. I accordingly direct that Annexure-3 should remain in abeyance till the Minister disposes of the restoration application pending before him in this matter. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )