IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10290 of 2005 RAJ KUMAR BISWAS Versus THE STATE OF BIHAR & ORS ----------- 5. 12.08.2008. Heard learned counsel for the petitioner and the State, namely, Standing Counsel No.2 (Ceiling); also perused the writ petition and the counter affidavit filed on behalf of Respondent Nos. 1 to 4. 2. Petitioner herein is aggrieved by the notification issued by the Collector, Araria dated 7.11.1992, Annexure-2, whereunder lands bearing Plot Nos. 646,659, appertaining to Khata Nos. 264, 298, measuring an area of 4.03 acres and .18 decimals respectively have been acquired as surplus land of land- holder Rameshwar Biswas in connection with Ceiling Case No. 28 of 1991-92. 3. It is submitted on behalf of the petitioner that the aforesaid lands were subject-matter of the earlier ceiling proceeding, Ceiling Case No. 4 of 1973- 74, initiated against the father of the petitioner Yukti Nath Biswas and the authorities released the aforesaid lands in favour of the father of the petitioner under orders dated 31.3.1977 passed in Case No. 4 of 1973-74, Annexure-1 and without noticing the said fact the said lands have again been acquired and now stage has come that purchas have already been issued in favour of Private Respondent Nos. 5 to 9 and those private respondents are threatening to take over possession of the lands in-question. 4. In the counter affidavit it has not been disputed that the lands in- question were not released in favour of the father of the petitioner in the earlier ceiling proceeding initiated against him under orders dated 31.3.1977 passed in Case No. 4 of 1973-74, Annexure-1. 5. In the circumstances, I direct the petitioner to represent before the Collector under the Ceiling Act about the fact that the lands in-question were released in favour of the father of the petitioner in the earlier ceiling proceeding bearing Case No. 4 of 1973-74, Annexure-1 and the Collector under the Ceiling Act should verify the same and if it is a fact that these lands were released in - 2 - favour of his father then the authorities would cancel the purcha issued in favour of private respondents and ensure that the possession of the petitioner over the lands in-question is not disturbed. Appropriate orders in compliance of this order be passed by the Collector under the Ceiling Act as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)