IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.336 of 2009 THE BIHAR STATE SUNNI WAKF BOARD, HARDINGE ROAD, PATNA- 1, THROUGH ITS CHIEF EXECUTIVE OFFICER (PETITIONER)… APPELLANT Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, KISHANGANJ 3. THE SUBDIVISIONAL OFFICER, KISHANGANJ 4. THE D.C.L.R. KISHANGANJ 5. THE CIRCLE OFFICER, BAHADURGANJ, DISTRICT KISHANGANJ 6. THE CIRCLE OFFICER, KOCHADHAMAN, DISTRICT KISHANGANJ 7. THE ADDITIONAL COLLECTOR, LAND CEILING, PURNEA 8. MD. ASLAM SON OF LATE KHALIEUR RAHMAN 9. MOSTT. ZEENATUN NISSA WIDOW OF LATE NAZIR HUSSAIN .. RESPONDENTS ----------- 8 18.05.2011 This matter has come up for admission after service of notice to all the respondents including respondent no.9, who was substituted by his legal heirs vide order dated 05.05.2011 passed by this Court. But, none appears on behalf of the respondent no.9. It is contended by learned counsel for the appellant that the title of the land is in favour of Wakf Board (Annexure-1 to the writ petition) but, however, the D.c.L.R., KIshanganj has passed the order against the Wakf Board. The learned counsel has further argued that the learned Single Judge granted liberty to the Wakf Board to approach the State Government under Section 45B of the Bihar Land Ceiling Act which cannot be sustained for the reason that the matter was concluded by the 2 orders passed in Ceiling Appeal No.448/85-86/ 39/86-87 which has become final. Hence, the matter has to be decided on merits on the basis of order passed in Ceiling Appeal No.448/85-86/ 39/86-87 dated 27.07.1987. In view of aforesaid, we deem it proper to set aside the order of learned Single Judge and remand the matter back to the D.C.L.R., Kishangaj (Respondent No.4) to pass an appropriate order in view of order passed in Ceiling Appeal No.448/85-86/ 39/86-87 (Annexure-1 to the writ pwetition) after affording opportunity of hearing to all the parties concerned. With the above observation, this appeal is disposed of. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)