IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.995 OF 2003 1. KAMESHWAR CHOUDHARY 2. BHUBNESHWAR CHOUDHARY 3. JIBNESHWAR CHOUDHARY 4. KAMLESHWAR CHOUDHARY ALL SONS OF LATE JIBACHH CHOUDHARY, RESIDENT OF VILLAGE BISHANPUR MANORA, POLICE STATION BAHADURPUR, DISTRICT DARBHANGA …………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, DARBHANGA 3. THE ADDITIONAL COLLECTOR, DARBHANGA 4. THE ADDITIONAL COLLECTOR, LAND CEILING, DARBHANGA 5. THE LAND REFORMS DEPUTY COLLECTOR, SADAR, DARBHANGA 6. MITHILESHWAR CHOUDHARY, SON OF LATE JIBACHH CHOUDHARY 7. LAXMESHWAR CHOUDHARY, SON OF LATE SITA RAM CHOUDHARY 6 AND 7 ARE THE RESIDENTS OF VILLAGE BISHANPUR MANORA, POLICE STATION BAHADURPUR, DISTRICT DARBHANGA ……………………………………………………………………….RESPONDENTS ********** 9 02/08/2010 Two ceiling proceedings were initiated against the grandsons of Late sunder Lal Choudhary. Land Ceiling Case No. 31 of 1974-75 was initiated against Lakshmeshwar Choudhary. In the said ceiling proceeding, about 86 acres of land belonging to the petitioners and some villagers were included and declared as surplus out of a total area of 146 acres. Later, land Ceiling Case No. 02 of 1976-77 was also intiated against Jibachh Choudhary, father of the present petitioners. In Land Ceiling Case No. 31 of 1974-75, an application under Section 45 B of the Land Ceiling Act was filed and allowed, as a result of which the ceiling proceeding was reopened. After reopening of the matter, notification under Section 11 (1) and 15 (1) of the 2 Land Ceiling Act were published. Against the said publication, Lakshmeshwar Choudhary came to this Court, and the matter was remanded back as the Court found that the actual issues were not at all discussed by the orders under challenge dated 04.12.1984. After the remand of the case, Annexure-7 would show that notices were issued to the parties and finally, on 13.08.2001, the matter was disposed of in the light of the orders of the High Court. The main issue in this case is that the Collector ought to have decided whether the lands of the petitioners have been included in the ceiling proceedings initiated against Lakshmeshwar Choudhary in Land Ceiling Case no. 31 of 1974-75. This aspect of the matter does not even find mention in the impugned order, dated 13.08.2001. The result is that some of the lands, which are the subject matter of Land Ceiling Case No. 02 of 1976-77 initiated against the petitioners, have also been included in the Land Ceiling Case No. 31 of 1974-75. On one hand, as a result of the order dated 13.08.2001 (Annexure-2), the State would take steps to distribute the lands of the petitioners which have been clubbed with the lands of Lakshmeshwar Choudhary, on the other hand, the same lands would also be the subject matter of Land Ceiling Case No. 02 of 1976- 77. The petitioners are, therefore, directed to 3 appear before the Collector, Darbhanga and demonstrate before him by filing petition, specifically mentioning the mouza, khata number, khesra number, area of land which has been clubbed with the land Ceiling Case No. 31 of 1974-75. The Collector may call for a report from the concerned Circle Officer or the Land Reforms Deputy Collector where the lands are situated, if he so desires to ascertain the actual physical possession of the lands in question. The petitioners should also demonstrate before the Collector that these very lands are also part of the lands which are the subject matter of Land Ceiling Case No. 02 of 1976-77. In any event, this Court is giving this direction to avoid a situation, where the lands of one or the other persons is clubbed with the lands of the persons facing the ceiling proceedings. In fact, it would help the Collector tremendously if he takes up both the ceiling cases together so that a clear picture of the facts would be available to him. Accordingly, the order dated 13.08.2001 passed by the Land Reforms Deputy Collector, Sadar, Darbhanga in Land Ceiling Case No. 31 of 1974-75 is set aside. In the result, this writ application is allowed in the terms aforesaid. Anand ( Sheema Ali Khan, J. )