IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12873 of 2008 1. ABDUL HAQUE son of Late S. K. Rustam 2. Bibi Anwara Khatoon wife of Me. Mansur Alam and daughter of Late Sk. Rustam Both residents of village-Maheshwa, Police Station-Routara, District-Katihar ……………………………. Petitioners. Versus 1. THE STATE OF BIHAR 2. The Collector, Purnia 3. The Additional Collector, Ceiling at Patna 4. The Sub Divisional Officer at Katihar 5. The Deputy Director, Land Reforms, at Katihar 6. The Anchal Adhikari at Korcha within the district of Katihar 7. Shri Arun Pathak son of Late Nageshwar Thakur, resident of Mohalla-Madhubani, Koratbari, Police Station-Khajanchi Hat, District-Purnia ……………….. Respondents ----------- 2. 14.05.2009 Heard the counsel for the petitioner and the counsel appearing for the state. This writ application has been filed by the petitioners for quashing the order dated 13.6.2008 passed by Collector, Purnea in Miscellaneous Land Ceiling Case No. 19/99 by which the case was dismissed. The application has been dismissed on two grounds; firstly, that the petitioner was not present, as such, it was dismissed for default, secondly, it is stated that the Collector is not vested with the power to adjudicate any matter questioning re-opening under Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. Counsel for the petitioner submits that so far the reason for dismissing the Miscellaneous Case is concerned, the - 2 - absence of the petitioner was unintentional rather though he used to attend the court regularly but on that day, he was not present. Miscellaneous Case was pending since 1991 and should not been decided on merit as the case was pending for such a long time. Regarding finding relating to jurisdiction to decide any application filed under Section 45B of the Act, it is submitted that Miscellaneous Case was filed in the year, 1991 vide Miscellaneous Case No. 234/91. Subsequently, it was dismissed for default on two occasions. A new number was given to the case as Miscellaneous Land Ceiling Case No. 07/99. In the year, 1991, when Miscellaneous Case under Section 45B of the Act was filed, the Collector was very much vested with the power to decide any matter involving question of reopening u/S 45B of the Act. It was only in the year, 1995, after amendment that the power and jurisdiction to decide any matter u/S 45B of the Act has been taken away from the Collector and vested only with the state. Considering the fact that since 1991, this matter has remained pending for deciding a small issue of re-opening, the Miscellaneous case, it should not have been dismissed in default. Since raiyati land of the petitioner has been declared surplus, he has filed an application u/S 45B. Whether it is a fit case for reopening or not, it should have been decided within a short time but it remained pending for such a long time. - 3 - Accordingly, the order 13.6.2008 passed by the Collector, Purnea in Miscellaneous Land Ceiling Case No. 19/99 is quashed. The matter is remitted back to the Collector, Purnea for deciding the Miscellaneous Case which was originally numbered as Miscellaneous Case No. 234/91 now numbered as Land Ceiling Case No. 7/99. It must be decided within three months from the date of production/communication of the order. This writ application is, accordingly, disposed of. akv (Mridula Mishra, J.)