IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19582 of 2010 1. SUDHIR MANDAL @SURENDRA MANDAl 2. SITARAM MANDAL 3. BIRENDRA MANDAL 4. BHUPENDRA MANDAL ALL SONS OF LATE PALAK DHARI MANDAL R/O VILL.SIMARIA KHEMCHAND TOLA KHARKATTA, P.O. SIMARIA, KHEMCHAND, P.S. BHAWANIPUR RAJDHAM, DIST. PURNIA --- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE MINISTER, DEPARTMENTOF REVENUE AND LAND REFORMS GOVERNMENTOF BIHAR, MAIN SECRETARIATE BUILDING, PATNA. 3. THE COLLECTOR, PURNIA 4. THE ADDITIONAL COLLECTOR, LAND CEILING AT PURNIA 5. THE SUB-DIVISIONAL OFFICER AT DHAMDAHA WITHIN THE DIST. OF PURNIA 6. THE ANCHAL ADHIKARI AT BHAWANIPUR WITHIN THE DIST. OF PURNIA 7. SHRI RAGHUBANSH PRASAD SINGH SON OF LATE JAGDISH PRASAD SINGH, R/O VILL. BHIKHANA P.S. RUPOULI, DIST PURNIA. --- RESPONDENTS. ----------- 02 08.12.2010 Petitioners claim to be the purchaser of the land from the land holder in the year 1981-82, measuring 5.77 acres appertaining to Thana no. 234/2, khata no. 120, Khesra nos. 70, 71, 73, 74, 74/839, situated in Mauza Bahdura, in the District of Purnia. It is the stand of the petitioners that the land holder was given certain units but while exercising option, the lands in question were not opted by the landholder, as a result whereof, final publication under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act,1961 (hereinafter referred to the ‘Act’) was published on 31.05.2007(Annexure-8), whereby twenty eight and odd acres of land were declared surplus and notified as such including the 2 land(s) purchased by them. As soon as they became cognizant of the aforesaid fact they filed an application under Section 45(B) of the Act before the respondent no.2, the Hon’ble Minister, Department of Revenue and Land Reforms Government of Bihar, Patna for re-opening of the proceeding which was registered as Misc. Ceiling case no. 04 of 2009 (Purnia) of the Court of respondent no.2. It is stated that the said case has not been taken up and disposed of by him. In these fact situation, the present application has been filed seeking a direction upon respondent no.2 for an early disposal of the aforesaid Misc. Ceiling case no. 04 of 2009(Purnia). Learned counsel for the petitioners has handed in an order of this Court passed in C.W.J.C. No. 10999 of 2010, in order to show that in similar/identical situation, this Court issued appropriate directions. Copy of the said order is kept on record marked Y. Learned standing counsel (Ceiling) appearing on behalf of the State does not dispute the aforesaid submission of the learned counsel for the petitioners. Accordingly, this Court, disposes of the present application by the following order:- Let respondent no.2, (Hon’ble Minister, Department of Revenue and Land Reforms Government of Bihar, Patna) dispose of the pending application being Misc. Ceiling case no. 04 of 2009 (Purnia) expeditiously keeping in view the fact that the petitioners are threatened with dispossession. Petitioners shall file an application before the 3 Hon’ble Minister, Department of Revenue and Land Reforms Government of Bihar, Patna for ad interim stay in the matter, which shall be considered in accordance with law by the Hon’ble Minister while hearing the matter. It is expected that the matter shall be taken up and disposed of within a period of 03 months from the date of receipt/production of a copy of this order before him. The petitioners shall approach the Hon’ble Minister by filing application along with a copy of this order within a period of 05 weeks from today. Considering the stand of the petitioners that they are the bonafide purchaser of the land, this Court is persuaded to grant status quo with respect to the land claimed by them till the matter is taken up by the Hon’ble Minster for consideration, whereafter the petitioners shall pray for appropriate order before the said authority which shall be considered and disposed of in accordance with law. Sym ( Kishore K. Mandal, J.)