CIVIL WRIT JURISDICTION CASE No.10319 OF 1999 In the matter of an application under Article 226 of the Constitution of India. 1. RAJ GRIHI RAM, SON OF CHANDRADEO RAM 2. RAMCHANDRA PASWAN, SON OF BASJIT PASWAN 3. BALESHWAR RAM, SON OF KISHUN RAM. 4. PYARI DEVI, WIFE OF CHANDRADEO RAM. 5. VISHWANATH RAM, SON OF BASJIT RAM. 6. KAMALA DEVI, WIFE OF RAMCHANDRA PASWAN. 7. DHANKUWARA DEVI, WIFE OF BISHWANATH RAM 8. SMT. NANJHARI DEVI, WIFE OF BALESHWAR RAM 9. SHANTI DEVI, WIFE OF RAM GRIH RAM. 10. CHANDRADEO RAM, SON OF BASJIT RAM. 11. BAIJNATH RAM, SON OF KISHUN RAM. 12. LACHHANA DEVI, WIFE OF KISHUN PASWAN. 13. RAM ASHISH RAM, SON OF KISHUN RAM. 14. TILESHWAR RAM, SON OF KISHUN RAM. 15. USHA DEVI, WIFE OF RAM ASHISH RAM. 16. SMT. DHANA DEVI, WIFE OF TILESHWAR RAM. 17. SUDARSHAN PASWAN, SON OF HORIL PASWAN. 18. DINESH PASWAN SON OF NATHUNI PASWAN. 19. RUPAN RAM. SON OF HORIL RAM. 20. BIRBAL PASWAN, SON OF HORIL PASWAN, ALL RESIDENTS OF VILLAGE SOHASA, P.S. KARGAHAR, DISTRICT ROHTAS 21. RAM JANAM PASWAN, SON OF BHIKHARI PASWAN. 22. AMBIKA PASWAN, SON OF AWADHESH PASWAN 23. PRAMOD KUMAR PASWAN, SON OF AWADHESH PASWAN. 24. AWADHESH KUMAR RAM, SON OF RAMJAN PASWAN. 25. DEEPAK KUMAR, SON OF AWADHESH PASWAN 26. KEDAR NATH RAM, SON OF BHIKHARI RAM. 27. SARSWATI DEVI, WIFE OF KEDAR NATH RAM. 28. SIVARATI DEVI, WIFE OF AWADHESH PASWAN. 29. SHANTI DEVI, WIFE OF LALMUNI PASWAN. 30. RADHEY SHYAM RAM, SON OF GOPAL RAM KAHAR. 31. GOPAL RAM, SON OF SHEO NARAYAN RAM KAHAR. 32. AYODHYA PASWAN, SON OF HARI BANSH PASWAN. 33. LALMUNI PASWAN SON OF MUNESHWAR RAM. 34. MINA DEVI, WIFE OF RAMESH PASWAN. 35. BASANTI DEVI, WIFE OF RAM SIHASAN PASWAN. 36. BARMATI DEVI, WIFE OF JANG BAHADUR PASWAN. 37. HARI NARAYAN PASWAN, SON OF BANSROPAN PASWAN, ALL RESIDENTS OF VILLAGE BISO DIHARI, P.S. KARGAHAR, DISTRICT ROHTAS --------------------------(Petitioners) Versus 1. THE STATE OF BIHAR 2. THE BOARD OF REVENUE, BIHAR, PATNA. 3. THE COLLECTOR, ROHTAS AT SASARAM. 4. THE ANCHAL ADHIKARI, KARGAHAR, ROHTAS. 5. KULBANSH SINGH, SON OF LATE SARYU SINGH, RESIDENT OF VILLAGE BISODEHARI, P.S. KARGAHAR, DISTRICT ROHTAS - 2 - -----------------(Respondents) ----------- For the Petitioner : M/s Dharnidhar Mishra, Arvind Kumar No-2, Advocate. For the Respondent : M/s S.S. Dwivedi, Sr. Adv., B.P. Singh, Advocate. For the State : Mr. O.P. Upadhyay, SC-2(Ceiling) P R E S E N T THE HON'BLE MR. JUSTICE V.N. SINHA V.N.Sinha, J. Heard learned counsel for the petitioners, the State as also counsel for the private respondent no5. 2. Earlier during the ceiling proceeding petitioners were granted purcha after declaring the lands in question as surplus of private respondent no.5. Purcha issued in favour of petitioners was quashed by this Court under orders dated 20.3.1998 passed in C.W.J.C. No.9269 of 1996, Annexure-A to the counter affidavit filed on behalf of private respondent no.5, whereafter the matter was remitted back to the Collector, Rohtas at Sasaram for final decision. The collector considered the case of the land holder under order dated 5.9.1998 passed in Ceiling Appeal No.03 of 1994, Annexure-1 and found surplus land at the end of private respondent no.5, who challenged the order dated 5.9.1998 before the Board of Revenue vide Case No.38 of 1998 which was disposed of under resolution dated 2.6.1999, Annexure-3 holding that respondent no.5 and others are entitled to seven units and the lands held by them are only 179.42 acres of Class-IV category and there is no surplus land at their end. - 3 - 3. The findings recorded under resolution dated 2.6.1999, Annexure-3 that private respondent no.5 and others does not have any surplus land has not been challenged by the State respondents and has attained finality. Petitioners being stranger to the land ceiling proceeding cannot question the finding recorded by the Board of Revenue under resolution dated 2.6.1999, Annexure-3. The writ application has no merit, which is, accordingly, dismissed. Patna High Court Dated 27th April, 2010 NAFR/ Rajesh (V.N.Sinha, J.)