IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.5805 of 2008 Ramendra Mishra, son of late Jagdish Mishra, Resident of villag Thalwara, Police Station Ashok Paper Mill, District Darbhanga at present resident of Mohalla Lakshmipur (Raj Pokhar), Police Station Laheriasarai, district Darbhanga .. Petitioner Versus 1. The State of Bihar through Secretary, Land Reforms (Ceiling), Government of Bihar, Patna 2. The District Magistrate & Collector, Darbhanga 3. Additional Collector (Land Ceiling), Darbhanga 4. Deputy Collector, Land Reforms, Sadar, Darbhanga 5. Chhedi Lal Daruka 6. Lok Nath Daruka Both sons of late Bhagwan Das Daruka, residents of Mohalla Gullobara, Police Station Town & District Darbhanga .. Respondents **** For the petitioner .. Mr. Aruk Kumar Jha, Adv. For the respondents .. Mr. R.C. Thakur, S.C. (C) with Mr. Kamal Kishore Singh, J.C. To S.C. IV (Ceiling) **** /2/ 13.04.2009 Heard the counsel for the petitioner and the State. 2. This application has been filed by the petitioner for quashing the order passed by the Collector, Darbhanga, in Case No. 116 of 2007-2008, dated 12.02.2008. By this order the appeal preferred by the petitioner for denotifying his land 2 from the gazette notification, dated 31.12.1983, published under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, (in sort, ‘the Act’) in connection with Land Ceiling Case No. 17 of 1973-1974 has been rejected stating that it has been filed after several years, as such, the Collector, has no jurisdiction to entertain it. 3. A counter affidavit has been filed on behalf of the State, which is not at all satisfactory. Even the khatiyan and record of rights annexed with the writ application have not been considered before making any statement in the counter affidavit. 4. However, considering the fact that the ceiling proceeding has been closed after publication of gazette under Section 15 (1) of the Act, the Collector has got no jurisdiction to entertain any application for reopening of the ceiling case under Section 45B of the Act. Under the amended provisions the State Government is empowered to entertain applications under Section 45B of the Act. 5. This application is being disposed off with a liberty to the petitioner to file his application for reopening of 3 ceiling case under Section 45B of the Act before the appropriate forum, i.e., the State Government. In case such an application is filed by the petitioner before the State Government within one month from today, it should be entertained and be disposed off in accordance with law considering all relevant materials relating to relief prayed by the petitioner. 6. Till disposal of the application filed by the petitioner under Section 45B of the Act his possession of the land under dispute should not be disturbed. Cp:2/S.A. ( Mridula Mishra, J. )