IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9111 of 2008 OM PRAKASH DHIRASARIA son of Late Murlidhar Dhirasaria, resident of Village Satghara and Chichiri Bujurg, P.S.Raj Nagar District Madhubani. Versus 1.THE STATE OF BIHAR 2.The Commissioner,Darbhanga Division,Darbhanga. 3.The Collector,Madhubani,District Madhubani. 4.The Additional Collector,Land Ceiling, Madhubani, District Madhubani. 5.Rhw Aubsiciaional Officer,Sadar Madhubani 6.The Circle Officer, Raj Nagar,Dist.Madhubani. 7.Most.Irawati Singh wife of Raj Kumar Jibbeshwar Singh, resident of Mohalla Lalbagh, P.S.Darbhanga District Darbhanga. ----------- 2 27.4.2009. Heard counsel for the petitioner and the State. This application has been filed by the petitioner for quashing the order dated 24.12.2007 passed by Commissioner, Darbhanga in Land Ceiling Case no.3 of 2003-04 and the order dated 27.9.2002 passed by the Collector, Madhubani in Misc. Case no.4 of 1997-97 as well as the order dated 10.10.1995/12.10.1995 passed by Additional Collector, Madhubani in Land Ceiling case no.6 of 1973- 74. Further prayer of the petitioner is for a direction to the respondents to modify the final draft publication and exempt the land of the petitioner from the ceiling proceeding. Petitioner’s claim is that his land has been declared as surplus of land holder in Ceiling case no.6 of 1973-74 without annulling his sale deeds, without holding any enquiry under Section 5(i) (iii) of the Ceiling Act and without giving any opportunity of hearing. Subsequently in the year 1996 he filed his objection but it was not considered by any of the authority like Additional Collector, Madhubani, the Collector, Madhubani and the Commissioner, 2 Darbhanga. Considering the fact that the land ceiling proceeding has been finalized in the year 1995, only remedy available to the petitioner under Section 45B of the Act. In the year 1996 itself petitioner should have filed application for re-opening of the ceiling proceeding but it seems that under some wrong advise he continued to raise his objection before the authorities who were not vested with any power for re-opening the case after ceiling proceeding was finalized. Accordingly the petitioner may approach the appropriate forum i.e. the State by filing application under Section 45(B) of the Ceiling Act. In case such an application is filed, the Hon’ble Minister, Revenue and Land Reforms will consider and decide it in accordance with law. With the aforesaid observations/direction this application is disposed of. Sss/- (Mridula Mishra, J)