IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15737 of 2004 BHUJIA DEVI Versus THE STATE OF BIHAR & ORS ----------- For the petitioners M/s Farooque Moazzam & Ataur Rahman, Advocates For the State :Mr. R.C. Thakur, S.C.4 (Ceiling) 09/ 26.9.2008 Heard learned counsel for the petitioner and the learned counsel for the State, S.C.4 (Ceiling). 2. Petitioner is the purchaser of 33 decimals of lands as detailed in paragraph 6 of the writ application under registered sale deed dated 1.12.1968 from Prem Kishori Devi, Respondent no.5 against whom a proceeding under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) was initiated, bearing Land Ceiling Case No. No. 2 of 1984-85 and after conclusion of the said proceeding, the lands sold to the petitioner under the aforesaid sale deed was also notified for acquisition in terms of the provisions contained in Section 15 of the Act. The Gazette Notification is contained in Annexure-1 to this application. 3. It is submitted on behalf of the petitioner that the lands of the petitioner has been included in the Gazette Notification acquiring the surplus lands without conducting any enquiry in terms of Section 5(1)(iii) of the Act as also Rules 8 and 9 of the Bihar Ceiling Rules. 4. Aforesaid factual aspect of the matter is even admitted in the counter affidavit filed on behalf of Respondent nos. 2 to 4 2 duly affirmed by the Additional Collector (Ceiling), Katihar. 5. In view of the pleadings made by the parties, there is no difficulty in concluding that the lands of the petitioner has been acquired without conducting any proceeding in accordance with law. 6. Similar case of another purchaser, Hari Charan Das from Respondent no. 5 was disposed of by this Court under orders dated 9.8.2005, passed in CWJC No. 13422 of 2004. In the circumstances, present case is also disposed of exactly in the same terms which is contained in order dated 9.8.2005, passed in CWJC No. 13422 of 2004 and petitioner is directed to appear before the Collector, Katihar on 10.11.2008, whereafter the Collector, Katihar shall examine the case of the petitioner in the light of the aforesaid order dated 9.8.2005 and if satisfied that the sale deed executed in favour of the petitioner was not sham then pass appropriate orders and include the lands transferred by the land holder in favour of the petitioner in the share of the land holder. 7. Until final orders are passed by the Collector, Katihar in compliance of this order, no coercive steps shall be taken against the petitioner as regards the lands detailed in paragraph 6 of the writ application. 8. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)