IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9502 of 2010 1. ANAMUL HAQUE S/O LATE SK. ALISHER R/O VILL.- RATNAULI TOLA, MITHANPUR, P.O.- RATNAULI, P.S. MANIYARI, ANCHAL KURHANI, AT TURKI, MUFASSIL, DISTT.- MUZAFFARPUR – Petitioner. Versus 1. THE STATE OF BIHAR, PATNA 2. DISTRICT MAGISTRATE-CUM-COLLECTOR, MUZAFFARPUR 3. DEPUTY COLLECTOR (LAND REFORMS), WEST MUZAFFARPUR 4. CONSOLIDATION OFFICER, MUZAFFARPUR 5. DY. DIRECTOR CONSOLIDATION, MUZAFFARPUR 6. RAMESHWAR PASWAN S/O BALDEO PASWAN R/O VILL.- RATNAULI, P.S.- MANIYARI, ANCHAL- KURHANI, DISTT.- MUZAFFARPUR 7. AKLU RAM S/O BADARI RAM R/O VILL.- RATNAULI, P.S.- MANIYARI, ANCHAL- KURHANI, DISTT.- MUZAFFARPUR 8. YOGENDRA RAM S/O LATE RAGHUNANDAN RAM R/O VILL.- RATNAULI, P.S.- MANIYARI, ANCHAL- KURHANI, DISTT.- MUZAFFARPUR 9. SHEO KUMAR S/O SHYAM SUNDAR THAKUR R/O RATNAULI, P.S. MANIYARI, DISTT.- MUZAFFARPUR 10. ARUN KUMAR THAKUR S/O SHYAM SUNDAR THAKUR R/O RATNAULI, P.S. MANIYARI, DISTT.- MUZAFFARPUR 11. RAJ KUMAR THAKUR S/O SHYAM SUNDAR THAKUR R/O RATNAULI, P.S. MANIYARI, DISTT.- MUZAFFARPUR 12. DHURUB KR. THAKUR S/O SHYAM SUNDAR THAKUR R/O RATNAULI, P.S. MANIYARI, DISTT.- MUZAFFARPUR 13. SANJAY KR. THAKUR S/O SHYAM SUNDAR THAKUR R/O RATNAULI, P.S. MANIYARI, DISTT.- MUZAFFARPUR 14. MOST. CHANDRA PRABHA KUER W/O LATE SRI SHYAM SUNDAR THAKUR R/O RATNAULI, P.S. MANIYARI, DISTT.- MUZAFFARPUR 15. PANKAJ KUMAR THAKUR S/O LATE ANANT KUMAR THAKUR R/O RATNAULI, P.S. MANIYARI, DISTT.- MUZAFFARPUR 16. NIRAJ KR. THAKUR S/O LATE ANANT KUMAR THAKUR R/O RATNAULI, P.S. MANIYARI, DISTT.- MUZAFFARPUR 17. JAHAJ KR. THAKUR S/O LATE SHYAM SUNDAR KR. THAKUR R/O RATNAULI, P.S. MANIYARI, DISTT.- MUZAFFARPUR 18. MOST. BASANTI KUER W/O LATE ANANT KUMAR THAKUR R/O RATNAULI, P.S. MANIYARI, DISTT.- MUZAFFARPUR 19. MAHANTH BISHAMBHAR KUMAR SHARMA S/O NARSINGH THAKUR R/O VILLAGE + P.O. + P.S.- MANIHARI, DISTT.- MUZAFFARPUR (WEST) 20. VIJAY KUMAR SHARMA S/O MAHANTH BISHAMBAR KUMAR SHARMA R/O VILL. + P.O. + P.S.- MANIYARI, DISTT.- MUZAFFARPUR 21. SUKH LAL PASWAN S/O D. PASWAN R/O & P.S. - MANIYARI, DISTT.- MUZAFFARPUR 22. KISHUNDEO PASWAN S/O LATE PAWITRA PASWAN R/O & P.S. MANIYARI, DISTT.- MUZAFFARPUR 23. SHANTI DEVI D/O LATE PAWITRA PASWAN, W/O NANDU PASWAN R/O VILLAGE & P.O.- GOB, BHAGWANPUR, P.S. KURHANI, DISTT.- MUZAFFARPUR – Respondents. ----------- 2 2.7.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This writ petition has been filed challenging the order passed by the consolidation authorities as well as the order of the Minister, dated 28.8.2009 passed in Case No. 1/1999 under section 2 45B of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act. In short the petitioner’s case is that one Shyam Sundar Thakur, father of respondents 7 to 11 had surrendered the lands belonging to the petitioner showing the lands to be surplus as far back as in 1974. On knowledge of the said surrender, the petitioner moved the consolidation authorities as consolidation proceedings were initiated in the village. The petitioner did not succeed before the consolidation authority and was asked to file a suit for declaration of his title. The petitioner thereafter came to this court in CWJC No. 11487/1998 which was disposed of on 17.3.1999 with the observation that if the petitioners files an application under section 45B of the Act, the authorities should dispose of the application in accordance with law. The petitioner thereafter moved the Hon’ble Minister under Section 45B of the Ceiling Act. In the mean time he also filed Title Suit No. 188/1994 which is pending before the Munsif, West Muzaffarpur. The Hon’ble Minister by the impugned order, also found no ground to reopen the ceiling case. In such circumstances no direction can be issued to the respondent authorities with respect to a proceeding which has been closed. As far as the suit of the petitioner is concerned, it will be open to him to file an application for injunction in the suit. It is obvious that if an injunction application is filed in the court below, it is expected that the court will pass appropriate orders in the matter. 3 This writ petition is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)