IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.11362 OF 2002 1. HIRA PRASAD, SON OF LATE PRABHU PRASAD, RESIDENT OF VILLAGE MATHURA, POLICE STATION SHIKARPUR, DISTRICT WEST CHAMPARAN 2. BHAGWAT DAS, SON OF LATE MAHESH DAS, RESIDENT OF VILLAGE MATHURA, POLICE STATION SHIKARPUR, DISTRICT WEST CHAMPARAN 3. BALIRAM MAHATO, SON OF BABULAL MAHATO, RESIDENT OF VILLAGE KHAIRWA, POLICE STATION SHIKARPUR, DISTRICT WEST CHAMPARAN 4. SHAMBHUY PRASAD, SON OF NATHUNI SAH, RESIDENT OF VILLAGE KHAIRWA, POLICE STATION SHIKARPUR, DISTRICT WEST CHAMPARAN 5. ANIRUDH PRASAD, SON OF PATHAL SAH, RESIDENT OF VILLAGE KHAIRWA, POLICE STATION SHIKARPUR, DISTRICT WEST CHAMPARAN ……………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, WEST CHAMPARAN AT BETTIAH 3. THE DEPUTY COLLECTOR LAND REFORMS, BETTIAH, WEST CHAMPARAN 4. THE ANCHAL ADHIKARI, NARKATIYAGANJ ANCHAL, DISTRICT WEST CHAMPARAN 5. LAL BABU PRASAD, SON OF NATHUNI PRASAD, RESIDENT OF VILLAGE MATHURA, POLICE STATION SHIKARPUR, DISTRICT WEST CHAMPARAN ……………………………………………………………………..RESPONDENTS ********* 11 26/07/2010 Counsel for the petitioners submits that the petitioners had purchased the lands in question from Ranjeet Kumar, son of Nathuni Prasad and Sumitra Kunwar, wife of Nathuni Prasad. It is the case of the petitioners that Nathuni Prasad was the khatiyani raiyat of the aforesaid lands, who died and was survived by his widow and two sons, Lal Babu and Ranjeet Kumar. Ranjeet Kumar and his wife Sumitra Kunwar sold the lands as mentioned at paragraph 4 of the writ application to the petitioners who sold some of the lands to the third party. The lands purchased by the petitioners have been held to be surplus lands. It is contended that these lands even 2 if they were sold after the cut off date should have been counted in the share of Ranjeet Kumar for the purposes of calculating the surplus land in the Ceiling Case No. 121/215 of 1975-76. It is submitted that the land holder cleverly gave option excluding the lands that they have sold to the petitioners, which is not proper under the law. In view of the fact that the ceiling proceeding had come to a final conclusion. It would be proper for the petitioners to file an application under Section 45 B of the Bihar land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 within a period of six weeks from the date of receipt of a copy of this order. A copy of the application filed by the petitioners should also be handed over to the Collector, West Champaran at Bettiah. In the mean time, the petitioners should not be dispossessed from the lands as described in paragraph 4 of this application. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )