IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3285 of 2010 1. VIMAL NATH JHA S/O LATE TANUK NATH JHA R/O VILL SAHBAJPUR,P.O.BHADRESHWAR,P.S.JOGBANI,DISTT-ARARIA 2. PRABHAWATI DEVI W/O SRI PADMANAND JHA R/O MADANPUR,P.O.MADANPUR,P.S.MADANPUR,DISTT-ARARIA 3. SARITA DEVI W/O SRI AWADH NARAYAN KUAR R/O VILL BHADRESHWAR,P.S.JOGBANI,DISTT-ARARIA Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR ARARIA 3. THE DEPUTY COLLECTOR LAND REFORMS FARBISGANJ,ARARIA 4. THE SUB -DIVISIONAL OFFICER FARBISGANJ,ARARIA ----------- 2. 25.02.2010. Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 24.09.2007 passed by the Sub- Divisional Officer, Farbisganj in Land Ceiling Case No. 28/75-76 and 26/75-76, Annexure-4, whereunder the lands in- question has been declared surplus in terms of the provisions contained in Section 10(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the “Act”). 3. It is submitted on behalf of the petitioners that the aforesaid order has been passed without service of notice on the petitioners. It is also submitted that the notice of the proceeding was served on a dead person and petitioners were never given any notice of the proceeding although they were - 2 - major even before the initiation of the proceeding. It is also submitted that under orders dated 6.11.2009 passed by the same authority, Annexure-5 the authorities are proposing to settle the surplus land acquired under Sub-Section (1) of Section 15 of the Act with the landless persons and this Court should restrain them from making such settlement as petitioners have not been heard in the proceeding. 4. Having heard counsel for the petitioners and the State, I am of the view that the petitioners have alternative remedy of appeal before the Collector of the District against the orders dated 24.09.2007 and 6.11.2009, Annexures 4 and 5 and they should be well advised to avail the remedy of appeal before the Collector of the district. The Collector of the district should entertain the appeal provided the same is filed along with a certified copy of this order within 30 days from today. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)