IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11029 of 2010 Bindeshwari Sah, son of Late Karmu Sah, 1. Md. Jarifuddin, son of Late Md. Samid, 2. Sk. Irfan, son of Sk. Rahimuddin, all of village Banki, Ps Rupouli, Dist. Purnea. 3. Ramadhin Mandal, son of Late Bhubeneshwar Mandal, 4. Dinesh Mandal, 5. Umesh Mandal, both sons of Late Bouku Mandal, 6. Basudeo Gorhi, son of Late Nathan Gorhi, village Arajpur, PS Chousa, District Madhepura – Petitioners. Vs. 1. The State of Bihar through the Hon’ble Minister, Department of Revenue and Land Reforms, Bihar, Patna. 2. The Minister, Department of Revenue and Land Reforms, Bihar, Patna. 3. The Collector, Purnea. 4. The Subdivisional Officer, Dhamdaha, Dist. Purnea. 5. The Anchal Adhikari, Rupouli, Dist. Purnea. 6. Smt. Uma Devi, wife of Late Shailendra Kumar Sinha, village Kapsouna, PS Shahkund, District Bhagalpur. 7. Shri Hari Ballabh Narayan Sinha, 8. Shri Braj Ballabh Nr. Sinha, 9. Shri Raj Ballabh Nr. Sinha, all sons of Late Ram Sunder Mandal, 10. Sulekha Devi, wife of Shri Dinesh Ram, 11. Majula Khatoon, wife of Shri Sajuddin, 12. Dhoria Devi, wife of Shri Jaggan Rishi, 13. Fulo Devi, wife of Shri Anil Rajak, 14. Sajo Khatoon, wife of Shri Ayub Sah, 15. Hebun Khatoon, wife of Shri Asir, 16. Ranjani Devi, wife o Shri Ganesh Ram, 17. Shyama Devi, wife of Shri Ramdeo Mukhia, all of village Banki, PS Rupouli, District Purnea – Respondents. 2 19.7.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners claim that they were in the process of purchasing the land from the recorded khatiyani raiyat, namely, Ram Sunder Mandal who died before the sale deed could be executed. Subsequently they filed title suits in which respondents 7 to 9 were defendants and the possession of the petitioners was confirmed in T. S. Nos. 1050/1992, 1064/1992, 465/1993, 912/1993, 505/1993 and 501/1993 the details of which are available at page 6 of the writ petition. In the mean time land ceiling proceeding was initiated against respondent no.6 in which the lands which were the subject matter of the title suits were included. These lands were declared surplus some 2 time in 2006. The petitioners came to know that their lands were declared surplus and at once took steps to file an application under section 45(B) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act before the Minister of the department in the year 2007 which is numbered as Misc. Case No. 23/2007. The matter is pending before the Minister for three years and now the Collector of the District is taking steps for dispossession of the petitioners. In the aforesaid circumstances the Hon’ble Minister may take up the case expeditiously, since it is likely to create third party rights and there may also be disturbance of tranquility and peace due to this fact. It would be in the interest of justice that the Minister should dispose of the application under section 45(B) of the Act within a period of three months from the date of receipt / production of a copy of this order. In case the Minister cannot dispose of the matter within three months, it would be proper that the Minister should consider the application for stay, if filed, and pass proper order with respect to protecting the possession of the petitioners during the pendency of the application under section 45(b) of the Land Acquisition Act. In any event this court is granting stay for a period of two months for the disposal of the application filed before the Minister regarding the stay matter. This writ petition is disposed of with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)