IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.500 of 2008 SMT.JAYANTI SHAH WIFE OF LATE NARAIN VIKRAM SAH, RESIDENT OF RAMNAGAR, P.S. RAMNAGAR, DISTRICT WEST CHAMPARAN.--- PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DEPUTY INSPECTOR GENERAL OF POLICE, CHAMPARAN RANGE, BETTIAH, WEST CHAMPARAN. 3. THE COLLECTOR, WEST CHAMPARAN, BETTIAH 4. THE SUPERINTENDENT OF POLICE, BAGHA. 5. THE OFFICER INCHARGE, RAMNGAR POLICE STATION, WEST CHAMPARAN. 6. THE ANCHAL ADHIKARI, RAMNAGAR, DISTRICT WEST CHAMPARAN. ….RESPONDENTS. ----------- 3/ 01-05-2009 The land of the petitioner was declared surplus in Land Ceiling Case No. 114 of 1973-74 and the same was also distributed to the landless person. Even though the petitioner’s appeal was dismissed, the ceiling revision application was again allowed on 13.09.2007 and the matter was remitted back to the Collector, West Champaran for disposal. The order passed in C.W.J.C. No. 3305 of 2003 shows that this Court also directed that once the gazette notification under section 15(1) of the Ceiling Act has been set aside, the interveners cannot claim any right over the land which were allotted to them on the basis of purchas with respect to surplus land. The respondents have got liberty to raise all the questions before the appellate authority, the Collector of the District where the matter is pending. According to the petitioner - 2 - the land was distributed after original appeal was filed. Purchas issued in favour of the landless persons are not valid. Now the petitioner wants dispossession of excess allotments of land with respondents hand. I am of the opinion that since the matter is pending in the appeal, it is not proper for this Court to give such a direction in this regard. Matters whether land in question can be claimed by the petitioner or the land is surplus land has to be adjudicated as per the remand order. The police shall see that the law and order is maintained and if any complaint is filed that should be considered according to law. The petition is accordingly disposed of. BTiwary/ ( J. B. Koshy, CJ )