IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12418 of 2009 SHOBHAKANT YADAV, Son of Late Mahabir Yadav, Resident of Village- Ghardaur, P.S.- Kusheshwar Asthan, District- Darbhanga :---- Petitioner. Versus 1. THE STATE OF BIHAR 2. Minister, Revenue and Land Reforms Deptt., Government of Bihar, Old Secretariat, Patna. 3. The Collector, Darbhanga. 4. The Land Reforms, Dy. Collector, Darbhanga 5. The Anchal Adhikari, Kusheshwar Asthan, Anchal, District- Darbhanga. 6. Mahanth Ram Autar Das, Chela of Manth Purushottam Das of Village- Ghagharo, P.S.- Kusheshwar Asthan, Distt- Darbhanga at Present Village- Bishunpur, P.S.- Mahnar, District- Vaishali (Hajipur). :----- Respondents. ----------- 04. 03.11.2009 Heard learned counsel for the petitioner and the counsel for the State Sri R.C. Thakur, Standing Counsel No.-4 (Ceiling). 2. Petitioner is aggrieved by the order dated 28.01.2008 passed by the Hon’ble Minister, Revenue and Land Reforms Department of the State Government in Misc. Case No. 1 of 2002 (Darbhanga), Annexure-4, whereunder the aforesaid Misc. Case praying inter alia to reopen Ceiling Case No. 52/73-74, to the extent petitioner herein is aggrieved by such proceeding, has been rejected on the sole ground that petitioner failed to annex the certified copy of the two registered sale deed dated 24.7.1962 and 15.1.1963 along with the petition which was filed in compliance of the orders of this Court dated 23.1.2002 passed in C.W.J.C.No. 1059 of 2002, Annexure-3. It is submitted on behalf of the petitioner that on account of inadvertence on the part of the counsel who represented the petitioner in the aforesaid Misc. case the certified copy of the aforesaid two sale deeds, although available with the petitioner, could not be appended with the petition and for such failure to append the two registered sale deeds with the petition the case of the petitioner ought not to have been - 2 - dismissed without even examining the merit of the matter. I am satisfied with the explanation furnished by the petitioner. 3. In the circumstances, the order dated 28.01.2008 passed by Hon’ble Minister, Revenue and Land Reforms Department in Misc. Case No. 1/2002 (Darbhanga) is set aside with direction to the petitioner to file the certified copy of the two registered sale deeds before the Hon’ble Minister in the aforesaid Misc. Case as early as possible, in any case within one week from the date of receipt of the certified copy of this order, requisition therefor should be filed today itself and thereafter the Hon’ble Minister should consider the import of the certified copy of the two registered sale deeds and pass appropriate orders in accordance with law as early as possible, in any case within a reasonable time from the date of receipt of the two registered sale deeds. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)