IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6142 of 2001 BHAGO DEVI & ORS Versus THE STATE OF BIHAR & ORS For the Petitioners : Mr. Chandra Shekhar (Sr.Adv.), L.B.Singh, Advocate. For the State : M/S R.C. Thakur(SC-IV, Ceiling), Kamal Kishore Singh(JC to SC-IV,Ceiling), Advocates. For the Private Respondents : Mr. Pramod Manbansh, Advocate. ----------- 8. 08.09.2008. Heard learned counsel for the petitioners, State(SC-4, Ceiling) and the counsel for the land holders Private Respondent Nos. 4 to 7. 2. Petitioners are the purchasers of raiyati land from Private Respondent Nos. 4 to 7 Vide different sale deeds executed on different dates as indicated in a list, Annexure-2 giving details of the lands, the name of the executant as also the date of the sale deeds and the area conveyed. They are aggrieved by the order dated 3.2.2001 passed in Ceiling Appeal No. 14 of 1997-98, Annexure-7 whereunder the Collector, Darbhanga, Respondent No.2, has refused to re-open the ceiling proceeding initiated against the land holders, Private Respondent Nos. 4 to 7 as gazette notification acquiring the surplus land under Section 15(1) of the Bihar Land Reforms( Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961(hereinafter referred to as “the Act”) was issued on 17.5.1995 and Collector had no jurisdiction to re-open the ceiling proceeding by resorting to the provisions - 2 - contained in Section 45B of the Act. Learned counsel for the petitioners assails the order dated 3.2.2001, Annexure-7 on the ground that without annulling the sale deeds executed in favour of the petitioners by the land holder, gazette notification under Section 15(1) of the Act acquiring the surplus land including the lands transferred through registered sale deeds could not have been issued under gazette notification dated 17.5.1995. In this connection he refers to the provisions contained in Sections 5 and 10 of the Act, which empowers the authorities under the Act to hold an enquiry after notice to the transferee and the transferor in regard to the transfers made in contravention of the provisions contained in the Act after 22.10.1959 and thereafter to publish draft statement under Section 10(1) (C-1, C-2) of the Act. 3. It is further submitted that till date the petitioners transferees have not been noticed to defend the transfers made and till date those transfers have not been annulled and such fact is required to be considered by the authorities under the Act as without annulling the transfers the subject matter of the sale deeds could not have been included in the gazette notification issued under Section 15(1) of the Act issued in connection with the lands of the land holders i.e. the vendor of the - 3 - petitioners on 17.5.1995. Although, counter affidavit has been filed by the authorities but the submission that the petitioners’ sale deed has not been annulled after notice to them has not been disputed, in the circumstances, it is established fact that the sale deeds on the basis of which petitioners are holding their lands have not been annulled so far, yet, I would like the petitioners to first avail the remedy under Section 45B of the Act by inviting the attention of the State Government to the aforesaid facts/ submission and for which purpose, I direct the petitioners to file representation before the competent authority of the State Government along with a certified copy of this order on or before 15.10.2008, which should be considered in accordance with law and until such representation is considered by the competent authority, no coercive steps shall be taken against the petitioners. In the event, matter is adjourned on 15.10.2008 then the competent authority shall consider the desirability of granting further protection to the petitioners. 4. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J.)