IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13557 of 2009 CHAUDHARY BHAL CHANDRA MISHRA S/O LATE DEVENDRA CHANDRA MISHRA VILL.+P.O.- DHAKJRI, P.S.- ARER, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR 2. ADDITIONAL MEMBER BOARD OF REVENUE PATNA 3. THE COLLECTOR MADHUBANI 4. THE ADDITIONAL COLLECTOR MADHUBANI 5. THE S.D.O. BENIPATTI, DISTT.- MADHUBANI 6. THE CIRCLE OFFICER BENIPATI, MADHUBANI ----------- 04. 12.04.2010 Having heard counsel for the petitioner and SC-3(Ceiling) for the State the order of the Board of Revenue, Bihar, Patna dated 18.12.2008 passed in Madhubani Case No.05 of 2007, Annexure-1 is modified to the extent that petitioner is allowed the right to exercise option under Section-9 of the Bihar Land Reforms(Fixation of Ceiling Area and Acquisition of Surplus Land) Act,1961 so that he may include the temple and other adjoining lands of the residential compound within his unit so as to retain with himself. So far the lands included in the return filed by Chaudhary Devendra Chandra Mishra on 13.3.1955, Annexure-11 before the Income Tax Officer is concerned, it is submitted that the ancestor of the petitioner settled those lands to the various settlees before filing of the return, as such, the lands included in the return, Annexure-11 could not be included within the unit of the petitioner as those lands were transferred to the settlees prior to 1955. Application stands disposed of with the aforesaid modification in order dated 18.12.2008, Annexure-1. Rajesh/ ( V. N. Sinha, J.)