IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8202 of 2008 1.BALENDRA SINGH son of Ramjee Singh 2.Panchu Singh son of Ram Bilash Singh 3.Ram Sikil Singh son of Ram Bilash Singh 4.Mahendra Singh alias Mahendra Prasad Singh son of Ramdeo Singh. 5.Ram Bhag Singh son of Ramdeo Singh, all resident of Village Rampur Dubania P.S. Sadar District Purnia. Versus 1.THE STATE OF BIHAR through the Secretary,Land Reforms Department, Bihar, Patna 2.The Collector, Purnea 3.Sudesh Kumar Singh son of Late Rameshwar Ssingh 4.Most Aaiya Devi alias Savitri Devi wife of Late Pratap Singh. 5.Yaswant Singh son of Late Harihar Singh 6.Anand Singh son of Late Narsingh Pd.Singh 7.Jai Singh Patel son of Late Ramanand Singh respondent no.3 to 7 are resident of Village Bhatta Bazar P.S.K.Hat District Purnia. ----------- 2 23.4.2009. Heard counsel for the petitioners and the State. Petitioners prayer is for quashing the order dated 26.10.2004 passed by the Collector, Purnia in Misc. Ceiling Case no.136 of 1993 whereby the objections of the petitioners filed under Sections 37 of the Bihar Land Reforms (Fixation of Ceiling Area and acquisition of Surplus land) Act has been rejected without considering its merit simply on the ground that the application filed under Section 37 of the Act can not be considered and decided after repeal of Section 39 of the Act.; Counsel for the petitioner has placed reliance on a decision in the case of Bijendra Prasad Yadav- Vrs- State of Bihar(1996(I) P.L.J.R.256). In similar circumstances in the reported case the Collector had dismissed application filed by the petitioners on the ground that the authority of the Collector to consider the application under Section 37 has come to an end after promulgation of 2 Ordinance no.20 of 1995. However, the Hon’ble Court has decided that the jurisdiction of the Collector to consider pending application filed under Section 37 of Act, prior to coming into force of provisions for its repeal does not get obliterated. In the present case also the petitioners had filed their applications under Section 37 of the Act in the year 1993 i.e. much before the repeal of Section 37 by Section 3 of Bihar Ordinance 20 of 1995. Accordingly the order dated 26.10.2004 passed in Ceiling Misc. Case no.136 of 1993 is quashed. The Collector, Purnia is directed to reconsider and decide the application filed by the petitioners under Section 37 of the Act in the light of the reported decision 1996(I) P.L.J.R.256). Sss/- (Mridula Mishra, J)