IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2513 OF 2003 KEWAL SHAH, SON OF LATE SONELAL SAH, RESIDENT OF VILLAGE BELIGARH, POLICE STTION RUNNISAIDPUR, DISTRICT SITAMARHI VERSUS 1. THE STATE OF BIHAR THROUGH SECRETARY/COMMISSIONER, LAND REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE SECRETARY/COMMISSIONER, LAND REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE COLLECTOR, SITAMARHI 4. THE ADDITIONAL COLLECTOR, SITAMARHI 5. THE CIRCLE OFFICER, RUNNISAIDPUR, DISTRICT SITAMARHI 6. JYOTSANA MEHTA, WIFE OF LATE PASHUPATINATH MEHTA 7. PRASENJEET MEHTA, SON OF LATE PASHUPATINATH MEHTA 6 AND 7 ARE RESIDENT OF MUHALLA CHANDWARA, JAIL ROAD, MUZAFFARPUR ********* 5 23/08/2010 The petitioner claims to be the settlee from the ex-landlord Pashupati Nath Mehta and his wife Smt. Jyotsana Mehta. During the consolidation proceeding, Smt. Jyotsana Mehta has accepted the petitioner as a settlee and as such chak khatiyan was prepared in favour of the petitioner. The case of the petitioner is that he is in Government service and residing outside of the village. When he returned to the village, he came to know that the lands have been settled by the State Government to certain persons treating the lands to be surplus land in a land ceiling proceeding in which final publication was made in the year 1985. It has been submitted on behalf of the State that the lands have been distributed to three persons, 2 however, the petitioner is in possession over the lands in question as an encroacher. Counsel for the petitioner seeks permission to withdraw this application in order to take recourse to Section 45 B of the Land Ceiling Act. The petitioner may invoke the provisions of Section 45 B of the Act which will be considered and disposed of in accordance with law. This application is dismissed as withdrawn with the aforesaid observations. Anand ( Sheema Ali Khan, J. )