IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12189 of 2008 1. ASHOK PRASAD YADAV 2. Sudhir Prasad Yadav 3. Shashi Bhushan Yadav All are sons of late Baikunth Prasad Yadav. 4. Shyamanand Yadav 5. Arun Kumar @ Arun Kumar Yadav Sl. No. 4 and 5 are sons of Late Ramjiwan Prasad Yadav All resident of Village- Sondiha, P.S. Bhawanipur, District- Purnia. -------------------Petitioners Versus 1. THE STATE OF BIHAR 2. The Collector, Purnia 3. The Deputy Collector Land Reforms, Sadar, Purnia 4. The Circle Officer, Bhawanipur, P.S.-Bhawanipur, District- Purnia 5. Smt. Kumud Rani Singh, W/o Kumar Sukha Singh, Resident of Madhubani, P.S.- Khajanchi Hat Town and District- Purnia --------------------Respondents ----------- 2. 12.5.2009 Heard counsel for the petitioners and the counsel appearing for the State. Prayer of the petitioners is for quashing of the Purnia District Gazette Notification dated 16.7.1990. Earlier C.W.J.C. No. 11812 of 1993 was filed and the relief sought for in that application was identical to the relief prayed in the present writ application. Earlier writ application was disposed of by order dated 21.1.1994 with an observation/direction to the petitioner to file an application under Section 45 B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act for which two weeks time was allowed and till this period direction for maintaining status quo was passed and respondents were restrained from distributing the possession of the petitioners. It transpires that within two weeks time no such - 2 - application was filed, and the writ petitioner, who was the father of the present petitioner, moved before this Court for extension of time. That prayer was also considered and two weeks further time was allowed for filing application under Section 45 B of the Act. No such application under Section 45 B of the Land Ceiling Act was filed. After 1994 again for similar relief, this application has been filed, which is obviously barred by res- judicata. This application is not maintainable as such dismissed. P. Kumar (Mridula Mishra, J.)