IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3609 of 2003 1. HUMAIRA KHATOON, WIFE OF LATE MANIR AHMAD KHAN 2. ANZAR AHMAD KHAN, SON OF LATE MANIR AHMAD KHAN 3. SABERA KHATOON, WIFE OF LATE ZAHIR AHMAD KHAN 4. ISRAR AHMAD KHAN, SON OF LATE ZAHIR AHMAD KHAN 5. UMME HANI @ NISHAT PARWEEN, DAUGHTER OF ZAHIR AHMAD KHAN, WIFE OF ANISUL AZAM KHAN 6. TAHERA KHATOON, WIFE OF LATE KABIR AHMAD KHAN 7. ANWAR AHMAD KHAN, SON OF LATE KABIR AHMAD KHAN 8. TAIYABA KHATOON, DAUGHTER OF LATE KABIR AHMAD KHAN, WIFE OF AQUIL AHMAD KHAN 9. RABEYA KHATOON, DAUGHTER OF LATE KABIR AHMAD KHAN, WIFE OF WASIM AHMAD KHAN 10. AHMADI KHATOON, DAUGHTER OF LATE KABIR AHMAD KHAN, WIFE OF DR. KHURSHEED ALAM KHAN ALL RESIDENTS OF VILLAGE NAWHATTA, P.S. NAUHATTA, DISTRICT SAHARSA. --- PETITIONERS Versus 1. THE STATE OF BIHAR 2. COLLECTOR, SAHARSA 3. ADDITIONAL COLLECTOR, SAHARSA --- RESPONDENTS For the petitioners :- Mr. Raghib Ahsan, Sr. Advocate Mr. Sajid Salim Khan, Advocate For the respondents :- Mr. Siya Ram Shahi, Advocate Mr. Mr. Arun Kumar Ambastha, Advocate Mr. Arun Kumar Pandey, Advocate For respondent no. 6 :- Ms. Shail Kumari Jha, Advocate For the State :- A.C. to S.C. 2 (C) ----------- 9 23.8.2010 This application has been filed challenging the order dated 2.12.2002 passed by the Collector, Saharsa on two grounds. The petitioners are aggrieved by the order of the Collector, by which he has allowed the intervention application of some 102 persons. The order indicates that these persons have filed some documents which would show that they are necessary parties and have bonafide interest in the subject matter of this case. For the purposes of being added as intervener, the Court must come to a definite finding with respect to the rights of the parties in the 2 application, and the rights of each intervener or a group of interveners coming within one class should be discussed by the Collector before such a person can be allowed to intervene. Moreso, because the intervention application is being filed at the appellate stage. The petitioners were directed to make intervener parties in this writ application. Accordingly notice was issued by this Court. However, only respondent nos. 6, 14 to 17, 76 and 82 are represented before this Court. No counter affidavit has been filed on behalf of respondent nos. 6, 76 and 82. A counter affidavit on the other hand has been filed on behalf of respondent nos. 14 to 17, in which they have stated that they are purchasers from the land holders. Counsel for the petitioners draws this Court’s attention to paragraph 27 of the writ application wherein it has been stated by him that Md. Kabir, Md. Jamil, Md. Khateeb and Md. Abdul Khalil are his purchasers and the petitioners have opted for including the lands sold by them to these persons in their unit. Counsel for the respondent nos. 14 to 16 on the other hand submits that Plot No. 996 has not been shown by the petitioners as one of the plots sold to these respondents. It is further submitted that less area has been shown to be sold by the petitioners. This is a question of verification which can be done by the Collector or any other authority and the matter can be settled without much difficulty. As far as respondent nos. 14 to 17 are concerned, this Court holds that they have made out a case to 3 be added as interveners. As far as the other interveners are concerned, this Court finds that no specific grounds have been stated for adding them as interveners in the appeal. Therefore, the order of the Collector allowing the intervention application is set aside. The second ground for challenging the order dated 2.12.2002 is that the Collector has purported to transfer the case to be heard on merits to the Additional Collector, Saharsa. Counsel for the petitioners submits that under Section 30 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, the Collector has been vested with the power to hear appeals. It is specifically stated in Section 30 of the Act that appeals may also be heard by any other officer specially authorized in this behalf by the State Government within 30 days of such an order. Section 31 gives the power to the Collector to distribute work and transfer the matters, whereas, Section 2B of the Act defines the term Collector. Section 2B envisages that the Collector includes an Additional Collector or any other officer not below the rank of Deputy Collector, appointed by the State Government to discharge any of the functions of the Collector under this Act. Therefore, the combined pleading of Sections 3, 30 and 2B indicates that the Additional Collector or Deputy Collector may act as a Collector under the Act for the purposes of this Act, if they have been authorized to do so, by a notification issued by the State Government. If there is such a notification for the District of Saharsa, it was well within the power of the 4 Collector to transfer the matter to the Additional Collector to be heard on merit. This aspect of the matter is remanded back to the Collector, Saharsa who will examine the notification of the State Government in the light of Sections 30 and 2B of the Act. In the result, the order dated 2.12.2002 is quashed as far as it concerns the addition of 102 interveners for the reasons mentioned in the order, except for the respondent nos. 14 to 17 of CWJC No. 3609 of 2003. As indicated, the Collector will pass an appropriate order with respect to the transfer of the appeal to the Additional Collector after examining the notification of the State Government in this regard. This writ application is allowed to the extent mentioned aforesaid. Sanjay ( Sheema Ali Khan, J.)