IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12572 OF 2004 BIBI NUSRAT BEGUM, WIFE OF MD. TAIYAB, RESIDENT OF VILLAGE DHANSORA, POST OFFICE ALTA HAT, POLICE STATION KOCHADHAMAN, DISTRICT KISHANGANJ VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, KISHANGANJ 3. THE SUB DIVISIONAL OFFICER, KISHANGANJ 4. THE DEPUTY COLLECTOR LAND REFORMS , KISHANGANJ 5. MD. AASIQUE, SON OF ABDUL HAQUE 6. MD. SADIQUE, SON OF ABDUL HAQUE 7. MD. SAJID, SON OF ABDUL HAQUE 8. MANZOOR ALAM, SON OF ABDUS SALAM 9. ABDUL HAQUE, SON OF ABDUS SALAM 5 TO 9 ARE RESIDENTS OF VILLAGE DHANSONA, POST OFFICE ALTA HAT, POLICE STATION KOCHADHAMAN, DISTRICT KISHANGANJ ********* 4 15/11/2010 This matter arises out of a proceeding under Section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1962. The petitioner has challenged the order of the Sub Divisional Officer who suo motu assumed the power of the Land Reforms Deputy Collector and passed the order in favour of the respondents/pre-emptors. This Court without going into the question whether the Sub Divisional Officer had the power to hear the matter or not, quashes the impugned order as contained in Annexure 3 and remands the matter to the Land Reforms Deputy Collector, Kishanganj to hear the matter afresh. The petitioner is directed to appear before the Land Reforms Deputy Collector along with a copy of 2 this order within a period of eight weeks. The Land Reforms Deputy Collector will issue notice to the pre-emptor and the vendors both and pass an appropriate orders as expeditiously as possible considering the fact that the matter is pending before this Court since 2004. While passing the order, spot verification should also be made with respect to the lands in question in presence of both the parties. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )