IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2392 OF 2003 PREM CHAND PD.YADAV, SON OF KANHAI RAUT, RESIDENT OF VILLAGE ASURARI, ANCHAL GAUNAHA, POLICE STATION GAUNAHA, DISTRICT WEST CHAMPARAN AT BETTIAH ………………………….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, REVENUE AND LAND REFORMS DEPARTMENT, WEST CHAMPARAN AT BETTIAH 3. LAND REFORMS DEPUTY COLLECTOR, WEST CHAMPARAN, BETTIAH 4. ANCHAL ADHIKARI, GAUNAHA, WEST CHAMPARAN AT BETTIAH 5. NARAYAN BIKRAM, SON OF NOT KNOWN, RESIDENT OF VILLAGE MURLA, POLICE STATION RAMNAGAR, DISTRICT WEST CHAMPARAN, BETTIAH …………………………………………………………………………RESPONDENTS ********** 6 02/08/2010 The petitioner claims that he has right, title and interest over the lands appertaining to Khata No. 2 plot no. 51, area 3.49 acres in the village Asurari which was included in the Land Ceiling Case No. 291 of 1980-81. A similar matter was challenged before this Court in CWJC No. 1859 of 1996 wherein the petitioner has challenged the inclusion of his lands over plot nos. 354 and 356 appertaining to Khata No. 29 in the ceiling proceedings. On enquiry, it was found that the lands did not belong to the land holder Shambhu Sharan Dubey and as such this Court passed the following orders:- “In the absence of any material connecting the land in question with Shambhu Sharan Dubey it is obvious that the land cannot be treated to be his land and declared as surplus land in LC Case No. 174 of 2 1974-75. The orders of the Collector, West Champaran dated 27.08.1993 in Case No. 229/84-85 and that of the Additional Member, Board of Revenue dated 5.12.95 in Case No. 220 of 1993 rejecting the claim of the petitioner are accordingly set aside. The notification contained in Memo No. 717 dated 24.11.84 (Annexure-3) to the extent it relates to plot nos. 354 and 356 is also quashed. This order will not stand in the way of the Collector from passing fresh order with respect to the land in question, he is in possession of some tangible material connecting the lands with Shambhu Sharan Dubey, after notice and opportunity of hearing to the petitioner and the land-holder. This writ petition stands allowed with the above observation.” The petitioner is entitled for the same relief and as such he may file an application before the Collector, West Champaran at Bettiah who will pass appropriate orders in this case in accordance with the observations, findings and directions contained in Annexure-5 to the writ application. This application is allowed to the extent indicated above. Anand ( Sheema Ali Khan, J. )