IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.364 of 2010 MANIKANT SHARMA, son of late Ram Swarath Singh, resident of village- Achuara, Police Station- Barh and District- Patna. …Petitioner-Appellant. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate-cum-Collector, Patna. 3. The D.C.L.R., Barh, District- Patna. 4. Pawan Kumar Singh, son of late Binda Singh. 5. Swaraj Singh, son of late Ram Swarath Singh. 6. Mostt. Bhachhi Devi, W/o late Ram Swarath Singh. 7. Shashi Bhushan Singh, son of Sri Ram Nandan Singh. 8. Ajay Kumar, son of Sri Ram Nandan Singh. All respondent no.4 to 8 are resident of village- Achuara, Police Station-Barh, District- Patna. ….. Respondents-respondents. ----------- 02- 15.3.2011 Heard learned counsel for the appellant as well as counsel appearing for the State. The instant appeal has been preferred against the order dated 25.1.2010, passed in C.W.J.C. No.1256 of 2010, whereby the learned Single Judge refused to interfere with the order dated 1.10.2009, passed by the learned Collector, Patna in Land Ceiling Appeal No.7 of 2008-09, whereby further proceeding in Land Ceiling Case No.3 of 2005-06 was stayed and direction was issued to the D.C.L.R., Barh to send supplementary records as well as to cancel the alleged sale-deed executed by the D.C.L.R. with immediate effect. 2 2. The appellant submits that the impugned order dated 1.10.2009 was passed without affording an opportunity of hearing to the appellant. The learned Single Judge on 25.1.2010 granted liberty to the appellant to raise his objection before the appellate authority who will consider the same at the time of final hearing of the aforesaid appeal. 3. Having heard learned counsel for the appellant as well as learned counsel appearing for the State we do not find fault with the order of the learned Single Judge. The appellant has already been granted liberty to raise his plea before the appellate authority who would consider the same in accordance with law. Thus we observe that in case the appellant files an application before the appellate authority for withdrawing the order dated 1.10.2009 the same will be considered on its own merit expeditiously preferably within a period of two months from the date of receipt of this order. 4. This appeal is accordingly disposed of. (S K Katriar, J.) (S.P. Singh, J.) S.K.Pathak/