IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.369 of 2009 In (CIVIL WRIT JURISDICTION CASE 1034/2007) Jagdeo Singh, S/o Late Ramgahan Singh, resident of village- Kharwaniya, P.O.-Kakariya, P.S.- Dhansoin, District-Buxar ….. Petitioner-Appellant Versus 01. The State Of Bihar 02. The Collector, Buxar, District- Buxar 03. Sub-Divisional Officer, Buxar, District- Buxar 04. Circle Officer, Rajpur, District- Buxar 05. Banarsi Ram, S/o Late Sheopujan Rai, resident of village-Dhansoin, P.S. Dhansoin, District- Buxar ….. Respondents-Respondents ---------------------------------- 06. 13.10.2011 The present Appeal is filed against the order dated 17.2.2009 passed in C.W.J.C. No. 10341 of 2007. The appellant writ petitioner has purchased the land from the land holder which was later declared as surplus land measuring as 2.40 Acres in appeal preferred by the land holder and also in revision before Board of Revenue and the matter was remanded for proper classification. It is the contention of the appellant that his land cannot be declared as surplus land, and according to him the landlord was not having surplus land, but however it is contended that the Collector Buxar having not satisfied with the classification alone by the Board of Revenue call for a report from Executive Engineer and held that the appellant has no surplus land, against which the 2 writ petition has been filed. It is submitted that a petition was filed by the appellant which was rejected by the Collector, Buxar. Having heard the Government Pleader, we are of the opinion that it would suffice if the matter is remanded to the respondent no.2 i.e. Collector Buxar to make a proper verification basing on the record. After going through the issue and an hearing of the parties to come to the conclusion whether the lands purchased by the appellant herein come under the purview of surplus land within a period of three months from the date of receipt/production of a copy of this order. With the above observation this L.P.A. stands disposed off. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)