IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1015 of 2006 1. DR.MASOOD ALAM SON OF LATE YAHIYA, AT PRESENT RESIDENT OF MOHALLA-PATLIPUTRA COLONY, P.S. PATLIPUTRA, PATNA 2. MUMTAZ ALAM, SON OF LATE DR. MANZOOR ALAM, AT PRESENT, RESIDENT OF VILLAGE-KADAM GACHHI, P.S. DAGARUA, DISTRICT-PURNEA 3. MAHBUBUR RAHMAN, SON OF LATE HABIBUR RAHMAN, RESIDENT OF VILLAGE HARRAHI P.S. DAGARUA, PURNEA …PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, PURNEA 3. THE ADDITIONAL COLLECTOR, LAND CEILING, PURNEA 4. THE SUB-DIVISIONAL OFFICER, BAIRI, DISTRICT PURNEA 5. THE CIRCLE OFFICER, DAGARUA, DISTRICT PURNEA …RESPONDENTS For the petitioners :M/s Satish Chandra Mishra :Md. Nurul Hoda For the State :Mrs. Kumari Amrita,G.P.10 ----------- 03. 03.05.2011 Heard learned counsel for the petitioners and A.C. to G.P.10 for the State. The three petitioners claim exclusion of their respective land(s) from the ceiling proceeding which stood acquired as surplus land by publishing notification dated 24.12.2004 under section 15(1) of the Bihar Land Reforms(Fixation of Ceiling Area and Acquisition of Surplus Land) Act(hereinafter referred to as „the Act‟) (Annexure- 1). This is what the petitioners have averred in para 1(i) of the writ petition:- “For issuance of an appropriate writ/writs in the nature of certiorari for quashing the impugned Gazette Notification No.3064 dated 24.12.2004 issued under the signatures of respondent No.2, but, the same has been published in the District Gazette of Purnea on 4.1.2005 and has been issued vide Memo No.160 dated 7.12..2005 and the petitioners have came to 2 know about the same on 23.1.2006 whereby and whereunder the land of petitioner No.1 bearing Khata No.531 of Mouza Mathor, Plot Nos. 165,252,253 and 254 areas 2.08, 0.54, 0.35 and 0.15 acres respectively, land of petitioner No.2 bearing Khata No.531 of the said Mouza Mathor, Plot Nos.203 and 204 area 0.57 and 0.05 acres respectively and land of petitioner No.3 bearing Khata No.102 of Mouza Harrahi, Plot No.269 area 1.01 acres have been acquired wrongly, illegally and improperly u/s 11, sub-section 1 Bihar Land Reforms(Fixation of Ceiling Area and Acquisition of Surplus Land) Act,1961….” A counter affidavit has been filed on behalf of the respondents State affirmed by the Circle Officer, Dagarua which is on record. Learned counsel for the State, with reference to the averments made in the said counter affidavit, submits that the authorities were not aware of the order dated 1. 11.1997 (Annexure-3), passed by the respondent-Collector on the appeal preferred by the writ petitioners being Ceiling Appeal Case No. 360/91-92 and, as such, the respondents are now taking steps to rectify the mistakes. This is what the respondents have stated in para 5 of the counter affidavit:- “That the present writ petition has been filed for quashing the Gazette notification no.3064 dated 24.12.04 whereby the land of the petitioners have been wrongly acquired u/s 15(1) of the Act. In this regard it is humbly submitted that the petitioners appeared and filed their claim before the Collector in ceiling case no.886/73-74 which was rejected vide order dated 10.6.1991. Since the order dated 1.11.1997 passed in Appeal no.360/1991-92 has not 3 been communicated in the office, therefore, the notification‟s u/s 15(1) was made. It is further humbly submitted that the order dated 1.11.1997 passed in Appeal no.360/91-92 whereby land in question has been ordered to be excluded from the ceiling case no.886/1973-74 has been communicated in the office and accordingly steps for denotification of the land excluded by the order dated 1.11.1997 is being taken up. Hence from the above stated facts it is clear that steps has already been taken to redress the grievances of the petitioner.” It is contended that in view of averments made therein the respondents may be directed to denotify the land(s) of the petitioners, if not already denotified. Learned counsel for the petitioners agrees to the aforesaid submissions of learned counsel for the State. Having heard the parties and on going through the pleadings on record including the averments made in the counter affidavit, the application is disposed of by the following order:- Let the concerned respondent(s) take steps in the light of the stand taken before this Court and denotify the land(s) claimed by the petitioners, if not already denotified, within a period of four weeks from the date of production/receipt of a copy of the present order before the concerned respondents. hr ( Kishore K. Mandal )