IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.51 of 2010 1. SHIV NARAYAN YADAV S/O LATE JAGDEO PRASAD YADAV @ JAGDISH YADAV R/O VILL.- SADHOPUR, P.S.- GOPALPUR, DISTT.- BHAGALPUR 2. SUBHASH CHANDRA YADAV S/O LATE JAGDEO PRASAD YADAV @ JAGDISH YADAV R/O VILL.- SADHOPUR, P.S.- GOPALPUR, DISTT.- BHAGALPUR 3. BIBHASH CHANDRA YADAV S/O LATE JAGDEO PRASAD YADAV @ JAGDISH YADAV R/O VILL.- SADHOPUR, P.S.- GOPALPUR, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE MINISTER, DEPARTMENT OF REVENUE AND LAND REFORMS GOVT. OF BIHAR, PATNA 3. THE COLLECTOR, BHAGALPUR 4. THE SUB DIVISIONAL OFFICER, NAUGACHHIA WITHIN THE DISTRICT- BHAGALPUR 5. THE ANCHAL ADHIKARI AT GOPALPUR WITHIN THE DISTRICT OF BHAGALPUR 6. SHRI PRABHASH CHANDRA YADAV S/O LATE ATUL PRASAD YADAV AND GRAND SON OF LATE BANGALI YADAV R/O VILL.- SADHOPUR, P.S.- GOPALPUR, DISTT.- BHAGALPUR 7. SHRI ARBIND YADAV S/O LATE ATUL PRASAD YADAV AND GRAND SON OF LATE BANGALI YADAV R/O VILL.- SADHOPUR, P.S.- GOPALPUR, DISTT.- BHAGALPUR 8. SHRI BINAY BHUSHAN YADAV S/O LATE ATUL PRASAD YADAV AND GRAND SON OF LATE BANGALI YADAV R/O VILL.- SADHOPUR, P.S.- GOPALPUR, DISTT.- BHAGALPUR 9. SHRI BIMAL YADAV S/O LATE ATUL PRASAD YADAV AND GRAND SON OF LATE BANGALI YADAV R/O VILL.- SADHOPUR, P.S.- GOPALPUR, DISTT.- BHAGALPUR 10. SHRI RAJENDRA HARIJAN S/O SUKHDEO HAREJAN R/O VILL.- SADHOPUR, P.S.- RANGRA, DISTT.- BHAGALPUR 11. SHRI KARE HARIJAN S/O JAGGO HARIJAN R/O JAHANGIRPUR BAISI P.S. RANGRA, DISTT.- BHAGALPUR ----------- 03. 18.01.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners have filed this writ application asserting that the lands in question as detailed in paragraph-5 of the writ application has been erroneously settled in favour of private respondent nos.10 and 11 on the basis of the surrender made by Sri Atul Prasad Yadav in connection with Land Ceiling Case No.752 of 1976, which was notified under notification No.154 dated 31.8.1976 though Sri Yadav was not the raiyat of the lands in question. 3. It is submitted on behalf of the petitioners that they have no connection with Atul Prasad Yadav or his legal heirs, namely, private respondent nos.6 to 9. It is also submitted that they are in possession of the lands in question and have been paying rent of those - 2 - lands throughout as would appear from rent receipt dated 11.12.2007, Annexure-1. It is further submitted that the lands in question was allocated to their share in partition suit bearing Title Suit No.25 of 1951. When the petitioners learnt that private respondent nos.10 and 11 have been granted Purcha of the lands in question by the revenue authorities in the land ceiling case initiated against Sri Atul Prasad Yadav they invited the attention of the Hon’ble Minister, Revenue and Land Reforms Department of the State of Bihar vide Misc. Ceiling Case No.01 of 2008 and requested the Hon’ble Minister to reopen the ceiling case No.752 of 1976 and to verify whether the lands belonging to the petitioners has been surrendered in the said proceeding by Sri Atul Prasad Yadav and if that be so then to pass orders for quashing notification no.154 dated 31.8.1976. It is further submitted that Misc. Case No.01 of 2008 filed on 12.2.2008 has not yet been considered and disposed of by the Hon’ble Minister, result being that the petitioners are in continuous threat of being dispossessed by the private respondents, who are being supported by the revenue authorities of the District. Counsel submitted that petitioners does not have any surplus land and in appreciation of such fact the aforesaid ceiling case be reopened at the earliest and appropriate orders passed restraining the private respondents from interfering with the possession of the petitioners over the lands in question, failing which there is likelihood of blood shed at the spot. In this background, learned counsel submitted that this Court should pass orders restraining the private respondents as also the official respondents - 3 - from interfering with the possession of the petitioners over the lands in question as the situation prevailing on the spot likely to threaten peace at any moment. 4. Having heard counsel for the parties, I direct the petitioners to appear before the Hon’ble Minister, Department of Revenue and Land Reforms, Govt. of Bihar, Patna on the next date fixed in Misc. Ceiling Case No.01 of 2008 and invite the attention of the Hon’ble Minister to the difficult situation prevailing over the lands in question as there is every likelihood of blood shed between the petitioners and the private respondents and request the Hon’ble Minister to pass restraint order until he is seized of Misc. Ceiling Case No.01 of 2008. It is expected that the Hon’ble Minister will look into the difficult situation prevailing over the lands in question and pass appropriate orders in accordance with law as early as possible, in any case within one month from the date of receipt/production of a copy of this order before him. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)