IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.854 of 2010 1. PUNAM NANDESHWAR SACHCHAN SANSKRIT MAHAVIDYALAYA, RANTI THROUGH ITS SECRETARY, RANTI, DISTT.- MADHUBANI 2. CHANDRASHEKHAR JHA S/O LATE BATESHWAR JHA SECRETARY, PUNAM NANDESHWAR SACHCHAN SANSKRIT MAHAVIDYALAYA, RANTI, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, MADHUBANI, DISTT.- MADHUBANI 3. THE DEPUTY COLLECTOR, LAND REFORMS, MADHUBANI SADAR, DISTT.- MADHUBANI 4. THE CIRCLE OFFICER, RAJNAGAR, DISTT.- MADHUBANI 5. THE DISTRICT BHOODAN YAGNA COMMITTEE THROUGH ITS OFFICER SECRETARY, BACK TO THE POLICE STATION, MADHUBANI, DISTT.- MADHUBANI 6. THE OFFICE SECRETARY OF THE DISTRICT BHOODAN YAGNA COMMITTEE, MADHUBANI, NEAR POLICE STATION, MADHUBANI, DISTT.- MADHUBANI 7. BHOLA YADAV S/O LATE KALAR YADAV R/O VILL.- RANTI, SARABDIH, P.S.- RAJNAGAR, DISTT.- MADHUBANI 8. SATAN YADAV S/O LATE BAUWAN YADAV R/O VILL.- PILAKHWAR, P.S.- RAJNAGAR, DISTT.- MADHUBANI 9. AGAMLAL YADAV S/O SRI SATAN YADAV VILL.- PILAKHWAR, P.S.- RAJNAGAR, DISTT.- MADHUBANI ----------- 6. 28.01.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner-Institution being aggrieved by the order dated 21.10.2006 passed by the Deputy Collector, Land Reforms, Sadar, Madhubani in Misc. Bhoodan Case No. 19/1999-2000, Annexure-5 had challenged the said order by filing appeal before the Collector, Madhubani vide Misc. Case No. 59/2006-07. The memo of appeal is contained in Annexure-6 which was dismissed by the Collector, Madhubani without even notice to the respondents by passing a cryptic order dated 21.12.2006 on the memo of appeal itself. Such disposal of the appeal in terms of the provisions contained in Section 17 of the Bihar Bhoodan Yagna Act, 1954 (hereinafter referred to as the “Act”) appears to be wholly arbitrary as before disposing of the appeal the Collector was required to have considered the facts of the case as also to give reasons in support of his order but perusal of his notes dated 21.12.2006 does not indicate that he has considered the relevant facts - 2 - as also recorded reasons in support of his order. It is submitted on behalf of the petitioner that the lands in-question was never offered to the Bhoodan Yagna Committee by raiyat of the land and without the lands being confirmed under Section 11 of the Act the purcha was issued in favour of the private respondents on the basis of which petitioners have been ejected from the lands in-question and such ejectment is contrary to the provisions contained in the Act. 3. Let the aforesaid submission be considered by the learned Collector while disposing the appeal in compliance of this order. The notes/order dated 21.12.2006 (Annexure-6) dismissing the appeal and relegating the petitioner to the Civil Court is set aside. It shall be open for the petitioner to apply for interim relief in the appeal itself as also to request the Collector to dispose of the appeal at the earliest by passing a reasoned order. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)