IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2027 of 2010 1. RAM NANDAN JHA S/O LATE SUNDER LAL JHA R/O VILL.- SHYAMPUR, P.S. SHYAMPUR BHATHA, DISTT.- SITAMARHI 2. DIWAS LAL JHA S/O LATE SUNDER LAL JHA R/O VILL.- SHYAMPUR, P.S. SHYAMPUR BHATHA, DISTT.- SITAMARHI 3. SUDHIR KUMAR JHA S/O LATE INDRADEO JHA R/O VILL.- SHYAMPUR, P.S. SHYAMPUR BHATHA, DISTT.- SITAMARHI Versus 1. THE STATE OF BIHAR 2. COLLECTOR, EAST CHAMPARAN 3. ADDITIONAL COLLECTOR, EAST CHAMPARAN 4. D.C.L.R., MOTIHARI 5. COLLECTOR, SITAMARHI NOW SHEOHAR 6. ADDITIONAL COLLECTOR, SHEOHAR 7. LAND REFORMS DEPUTY COLLECTOR, SHEOHAR 8. SUB DIVISIONAL OFFICER, SHEOHAR 9. ANCHAL ADHIKARI, DUMRI KATHSARI, DISTT.- SHEOHAR 10. RAJESHWARI DEVI WIDOW OF SHYAM SUNDER PRASAD SINGH R/O VILL. AND P.O. SIRHA, P.S. MOTIHARI, DISTT.- EAST CHAMPARAN 11. RAMDEO RAM S/O CHHAKAURI RAM R/O VILL.- SHYAMPUR, P.S. SHYAMPUR BHATHA, DISTT.- SITAMARHI 12. HARI RAM S/O MANKI RAM R/O VILL.- SHYAMPUR, P.S. SHYAMPUR BHATHA, DISTT.- SITAMARHI ----------- 3. 08.02.2010. Heard learned counsel for the petitioners and the State. 2. Petitioners assert that they have been declared Sikmidar of the lands in-question by the Additional Collector under orders dated 6.1.2000 passed in Misc. Case No. 21/97-98/ 23/99-2000, as contained in Annexure-6 to this application, yet the Gazette notification acquiring those lands in a ceiling proceeding initiated against Shyam Sundar Prasad and others has not been modified so as to exclude those lands from the ceiling proceeding. In this connection presently a proceeding is pending bearing Misc. Case No. 1/06-07 before the Sub-Divisional Magistrate, Sheohar and from the order-sheet maintained in the said proceeding as contained in Annexure-7 it appears that there is no progress in the said proceeding. 3. Having heard counsel for the petitioners and Standing Counsel No. 2 (Ceiling), I direct the Sub-Divisional Officer, Sheohar to proceed and - 2 - dispose of Misc. Case No. 1/06-07 as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. While disposing of the proceeding the learned Sub-Divisional Magistrate shall consider the findings of the Additional Collector recorded under orders dated 6.1.2000, Annexure-6. In the event the status of the petitioners as share cropper of the lands-in-question is confirmed by the authorities, the Collector, Sheohar shall take steps for modification of the Gazette notification under Section 15(1) and cancellation of purcha in accordance with law within a reasonable time. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)