IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14729 of 2006 KUSHESHWAR SAH Versus THE STATE OF BIHAR & ORS ----------- 2. 31.07.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner claims himself to be the raiyat of 26 decimals of land of Plot No. 2472 appertaining to Khata No. 2746 of Mauza Sarkha within Thana No. 215, Pupari in the district of Sitamarhi. It is submitted on his behalf that the said lands have not been declared as surplus either in the ceiling proceeding initiated against him or against Ram Sakal Singh, son of Ram Sewak Singh, resident of Village- Rasulpur, as is evident from the Gazette Notification dated 17th September, 1994, Annexure-2 yet the authorities have issued a Purcha with respect to the aforesaid land in favour of Private Respondent No. 5, who is asking the petitioner to vacate his possession over the lands in-question in his favour. 3. Counsel for the petitioner states that highlighting the aforesaid fact that the lands in-question are not the subject-matter of any proceeding and ought not to have been included in the Purcha given to Private Respondent No. 5, representation dated 27.09.2006 has been filed before the Collector, Sitamarhi, copy whereof is contained in Annexure-4 to this application. It is further submitted that till date the said representation dated 27.09.2006 has neither been considered nor disposed of. Till date counter affidavit has also not been filed although the writ case was filed on 30.11.2006. 4. In the circumstances, this writ application is disposed of - 2 - with direction to the Collector, Sitamarhi to consider and dispose of the representation of the petitioner dated 27.09.2006, as contained in Annexure-4, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. Until disposal of the representation of the petitioner, Annexure-4, no coercive steps be taken against him as regards the lands in-question. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)