IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4446 of 2005 BHAGWAN RAM JANKI,BARAHAWAN ASTHAN Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Shambhu Nath, Advocate For the State : Mr. Ajay, S.C. III (Ceiling) 05/ 30.7.2008 Heard learned counsel for the petitioner and Standing Counsel No. 3 (Ceiling) for the State, who has taken instructions from the Revenue authorities of Madhubani District in compliance of my order dated 23.7.2008 and on the basis of the instructions so received, has accepted the position that plot bearing nos. 391 and 545 of Village Barahawan, Circle Rahika, District Madhubani has not been acquired so far in terms of the provisions contained in Section 15 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) have not been acquired so far. As the lands in questioin have not been acquired so far, parchas issued for distribution thereof in the year 1983 should not be given effect to until the said lands are acquired under the provisions of the Act. Order dated 20.7.2002, passed by the Collector, Madhubani in Ceiling Case No. 4 of 1973-74, as contained in Annexure-11 to this writ application duly affirmed by the Commissioner, Darbhanga Division under orders dated 23.2.2004, Annexure-20 as also by the Board of Revenue under orders dated 10.7.2004 passed in Board Case No. 14 of 2004, Annexure-22 shall be subject to the result of the writ application whereunder validity of Act 8 of 1997 deleting the provisions 2 contained in Sub-Section (2a) of Section 29 of the Act has been challenged as thereunder the exemption allowed to religious institution earlier has been withdrawn with retrospective effect and thereby 25 acres of land, which was in possession of the petitioner is sought to be taken away. With the aforesaid directions and observations, this writ application is disposed of. Arjun/ (V.N. Sinha, J.)