IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15936 of 2009 1. UDAY PASWAN, 2. Sanjay Paswan, Both sons of Late Dhathuri Paswan, resident of Village- New Taradih, P.S.- Rampur, District- Gaya :---- Petitioners. Versus 1. THE STATE OF BIHAR 2. The Collector, Gaya. 3. The Sub-Divisional Officer, Gaya. 4. The L.R.D.C., Gaya. 5. The Anchal Adhikari, Bodh Gaya. 6. Goshwami Jai Ram Giri, Adhyaksha, Nyas Samitee, Both-Gaya Math, Bodh- Gaya, District- Gaya :---- Respondents. ----------- 2. 23.11.2009. Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the action of the State- respondents as they have refused to issue current rent receipt of land bearing Plot No. 199 appertaining to Khata No. 46, Thana No. 361 of Village- Rampur within Bodhgaya Block to the extent of 7 acres to the petitioners and their transferee as the said land has been erroneously included in the surplus land of Private Respondent No.6 vide Gazette notification dated 17th September, 1987. 3. It is submitted on behalf of the petitioners that they were never made party in the land ceiling case initiated against Private Respondent No.6. It is further stated that the lands-in-question have been settled with them in the year 1941 itself by the ex landlord and since then till the petitioners approached the authorities for issue of current rent receipt they have been allowed rent receipt for the lands- in-question on the basis of demand having been opened in the name of the petitioners after vesting of the estate. Under the judgment and decree of the Civil Court as well petitioners are title holders of the - 2 - lands in-question in which Collector of the district was also party. 4. It appears, decree of the Civil Court was passed in February, 2004 ignoramus of the Gazette notification dated 17th September, 1987 although Collector of the district was party in the suit. In the circumstances, until the lands which have been included in the Gazette notification is taken out after due enquiry by the competent authority, the State authorities have rightly refused to issue recent receipt to the petitioners. I, accordingly, direct the petitioners to approach the Hon’ble Minister, Revenue & Land Reforms Department with a request to reopen the matter and examine the inclusion of the aforesaid land in the Gazette notification dated 17th September, 1987 and if he is of the view that Respondent No. 6 was never the raiyat of the land in-question, he shall pass appropriate orders in accordance with law. It shall be open for the petitioners to request the Hon’ble Minister for granting interim relief in view of the fact that petitioners have all along been in possession of the lands in-question. Let the petitioners approach the Hon’ble Minister along with a certified copy of this order within two weeks from the date of receipt of the certified copy of this order, requisition therefor should be filed today itself. 5. With the aforesaid observation and direction, this writ application is disposed of. P.K.P. (V.N.Sinha,J.)