IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.16574 OF 2010 1. NAND KUMARI DEVI, WIFE OF SHRI SUSHIL PRASAD THAKUR, RESIDENT OF VILLAGE RAJAPPA, POLICE STATION KALYANPUR, DISTRICT SAMASTIPUR 2. MAHENDRA PASWAN, SON OF LATE SAKHI CHAND PASWAN, RESIDENT OF VILLAGE FULWARIA, POLICE STATION BISUNPUR, DISTRICT SAMATIPUR …………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 2. THE COLLECTOR, DARBHANGA 3. THE LAND REFORMS DEPUTY COLLECTOR, DARBHANGA SADAR, DARBHANGA 4. THE SUB DIVISIONAL OFFICER, DARBHANGA SADAR, DARBHANGA …………………………………………………………………………RESPONDENTS ********** 2 12/10/2010 The petitioners have purchased the lands from Ramanand Thakur and Madan Mohan Thakur, son of Asharfi Devi, against whom Ceiling Case No. 02 of 1996-97 was finally decided and the lands purchased by the petitioners were declared to be surplus lands. The petitioners also claim that they purchased some lands from Awadhesh Thakur, who is the grandson of Ram Khelawan Thakur. Ram Khelawan Thakur is the brother of Surya Deo Thakur, father of Asharfi Devi. The son of Ram Khelawan Thakur moved before this Court by filing CWJC No, 2734 of 2004, raising their grievance that their lands have been clubbed with the lands of Asharfi Devi and have been declared to be surplus. This Court directed on 23.11.2004 that Dev Narayan Thakur may move 2 before the appropriate authorities under Section 45 B of the Ceiling Act. It is submitted on behalf of the petitioners that the application under Section 45B of the Ceiling Act is still pending before the Minister. The petitioners, therefore, would have the same remedy as Dev Narayan Thakur. They may move before the appropriate authorities under Section 45 B of the Ceiling Act. If such an application is filed on behalf of the petitioners and if the application of Dev Narayan Thakur has not been disposed of by the Minister concerned, both the cases may be clubbed and heard together. It is submitted that the purchas have been issued with respect to the lands in question and there is a possibility that the petitioners would be dispossessed from the lands in question. In the circumstances, this Court is granting interim relief to the petitioners for a period of six months from today till the date of filing of the application. The petitioners may thereafter file an application before the concerned Minister for grant of interim stay in the proceeding under Section 45 B of the Ceiling Act. The concerned authority may hear 3 the purchadharis before disposing of the application under Section 45 B of the Ceiling Act. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )