IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17741 of 2008 MAHARANIADHIRANI KAMSUNDARI@KAMSUNDARI, wife of Late Maharajadhiraj Dr. Sir Kameshwar Singh, resident of Kalyani Niwas, Post Office- Lalbagh, Police Station- Lalit Narain Mithila University Campus, District-Darbhanga....................................Petitioner. Versus 1. The State of Bihar, through the Secretary-cum-Commissioner, Revenue and Land Reforms Department, Government of Bihar, Patna. 2. The Collector, Darbhanga. 3. The Additional Collector, Land Ceiling, Darbhanga......Respondents. ----------- 4. 07.11.2009. Heard learned counsel for the petitioner and counsel for the State and also perused the contents of the counter affidavit filed on behalf of respondent nos.2 and 3. Petitioner is the second wife of late Marajadhiraj Dr. Sir Kameshwar Singh, who left for his heavenly abode on 01.10.1962 whereafter her elder co-sister Maharani Raj Laxmi Devi also left for heavenly abode on 22.11.1976. During the life time of Maharaja, petitioner possessed 22 Bigha and odd lands which after vesting became her raiyati lands. On account of mistake on the part of the executor appointed by the Maharaja the aforesaid 22 Bigha and odd lands was also surrendered by the executor while making voluntarily surrender in terms of the provisions contained under Section 15(A) of the Land Ceiling Act. No sooner petitioner learnt that her 22 Bigha and odd lands has also been surrendered by the executor she requested the authorities to return those lands to her. In this connection, reference may be made to the observations of the Additional Collector noted under orders dated 07.07.2004 passed in Ceiling Case No. 01 of 2000-01, Annexure-A to the counter-affidavit filed on behalf of the State. Till date the authorities have not considered the request of the - 2 - petitioner to separate her lands from the land surrendered by the Executor appointed by Maharaja in his will although all through the petitioner has remained in possession of her 22 Bigha and odd lands. The authorities, however, closed the ceiling proceeding under order dated 31.12.2005 observing that as and when any land beyond ceiling limit is found in her possession they shall again reopen the proceeding. As the petitioner was under constant threat of the ceiling proceeding being reopened she approached the Board of Revenue against order dated 31. 12.2005 in Revision Case No. 13 of 2006. The Board of Revenue, however, without issuing direction to separate 22 Bigha and odd lands from the lands surrendered by the executor, dismissed the revision case. Petitioner has filed this writ application assailing the order dated 31.12.2005 passed by the Additional Collector and 11.09.2006 passed by the Board of Revenue praying inter alia that this Court should direct the Revenue authorities to separate her 22 Bigha and odd lands from 1000 Acres of lands surrendered by the executor as the executor had no authority to surrender 22 Bigha and odd lands of the petitioner. In this connection, Shri Ram Suresh Roy, Senior Advocate appearing for the petitioner has categorically stated that the petitioner has no connection and concern with any other agriculture Raiyati lands of Maharaja and/or Maharani Raj Laxmi. The raiyati lands of Maharani Raj Laxmi are under a Trust of which Sri Hitkar Jha, Ex Professor of Sociology, Patna College/University is the Managing Trustee. Sri Roy further states that petitioner is in possession of 22 Bigha and odd lands of which she is the raiyati/ and paying rent as - 3 - also is in possession through out. In view of the statement made on behalf of the petitioner by her counsel Sri Ram Suresh Roy, Senior Advocate, I direct the petitioner to file a petition before the Collector under the Act claiming 22 Bigha and odd lands as also to exercise her option to retain the said lands under Section 9 of the Act. Lands beyond these 22 Bigha and odd lands the State Respondents are at liberty to take steps for acquisition in terms of the provision contained in Land Ceiling Act in accordance with law and petitioner shall have no claim over them. This application is, accordingly, disposed of. U.K. (V.N.Sinha,J)