IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15242 of 2006 BINDESHWARI SAH Versus THE STATE OF BIHAR & ORS ----------- 2. 07.08.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 23.07.2004 passed by the Collector, Purnea in Misc. Ceiling Case No. 53 of 1995, Annexure-5, whereunder the learned Collector has refused to reopen the case under Section 45(B) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 in compliance of the orders of this Court dated 13.07.1995 passed in C.W.J.C.No. 8965 of 1994, Annexure-3 with respect to the lands which were subject- matter of sale deed dated 13.05.1959 as Jamabandi with respect to those lands was not created in favour of the Vendee before the cut off date. 3. Perusal of the orders of this Court dated 13.07.1995, Annexure-3 indicates that thereunder this Court directed the learned Collector to enquire as to whether sale-deed was executed prior to the cut off date i.e. 22.10.1959 and in case the deed was executed prior to the cut off date then to exclude the lands included in the sale-deed from the notification issued under Section 15(1) of the Act. The scope of the enquiry was not to see - 2 - whether Jamabandi was also created in the light of the sale-deed prior to the cut off date. It is, thus, evident that the findings recorded in the impugned order dated 23.07.2004, Annexure-5 is wholly contrary to the directions given by this Court in the aforesaid order and is, accordingly, set aside. Petitioner is directed to appear before the Collector of the District on 8th September, 2008 with a certified copy of the sale-deed dated 13.05.1959 as also copy of this order whereafter learned Collector shall compare the subject-matter of the sale- deed with the lands notified under Section 15(1) of the Act and shall pass appropriate orders excluding the lands which are the subject-matter of sale-deed dated 13.05.1959 from the lands notified. Necessary orders with respect to the sale-deed in-question be passed by the Collector, Purnea within three weeks from the date of appearance of the petitioner before him. If the lands have already been distributed then the Collector will ensure that the lands are restored to the petitioner Vendee within a reasonable time. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)