IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14084 of 2009 MAHESH JHA, SON OF SRI JAGESHWAR JHA, RESIDENT OF VILLAGE GEHUMI SHIVDHARA, POLICE STATION SADAR(MABBI O.P.) DISTRICT DARBHANGA---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, DARBHANGA. 3. THE ADDITIONAL COLLECTOR, LAND CEILING, DARBHANGA. 4. THE REGISTRAR, DARBHANGA. 5. THE DARBHANGA REGIONAL DEVELOPMENT AUTHORITY THROUGH ITS CHAIRMAN---RESPONDENT 1ST SET. 6. DHARASWAR SINGH SON OF LATE MODESHWAR SINGH, RESIDENT OF VILLAGE BHADURPUR, POLICE STATION SAMASTIPUR, DISTRICT SAMASTIPUR—RESPONDENT 2ND SET. ----------- 02. 27.10.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is the purchaser of lands from private respondent no.6 and is aggrieved by the order dated 28.2.2006, Annexure-5 passed by the Additional Collector, Land Ceiling, Darbhanga, whereunder he has held the lands purchased by the petitioner form private respondent no.6 as also from other persons to be the surplus land of private respondent no.6 and has acquired the same in terms of the provisions contained in Section 15 of the Bihar Land Reforms(Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961(hereinafter referred to as “the Act”). The lands purchased by the petitioner from other persons has been allowed to be retained by the private respondent no.6. the aforesaid fact is very much evident from the gazette notification dated 29.6.2006, Annexure-4. 3. It is submitted on behalf of the petitioner that in the ceiling proceeding initiated against private respondent no.6, the petitioner was never noticed, although he is mutated in regard to the lands, which he has purchased from private respondent no.6 as also - 2 - others and has obtained up to date rent receipt therefor. In this back ground, it is submitted that the authorities with reference to the provisions contained in Section-5 and other relevant provisions of the Act were duty bound to notice the petitioner in the ceiling proceeding initiated against private respondent no.6 and the Additional Collector, Land Ceiling, Darbhanga having passed the impugned order dated 28.2.2006 and published the gazette notification dated 29.6.2006, Annexures-5 and 4 without notice to the petitioner the said order and the gazette are wholly without jurisdiction. Aforesaid submission can be better appreciated if the petitioner assails the order dated 28.2.2006 before the Collector, Darbhanga in appeal in terms of the provisions contained in section 30 of the Act. It is also submitted that as the petitioner was not noticed in the proceeding initiated against private respondent no.6 he had no knowledge about the impugned order as also the gazette notification and he could learn about the acquisition only after the Amin visited the lands in question for measurement so as to make the land available for distribution, whereafter the present writ application has been filed. 4. Having heard counsel for the parties, I direct the petitioner to challenge the order dated 28.2.2006, Annexure-5 as also the gazette notification dated 29.6.2006, Annexure-4 before the Collector, Darbhanga in terms of the provisions contained in Section 30 of the Act. Along with the memo of appeal petitioner should also file separate petition requesting the Collector to restrain the authorities from distributing the lands in question until his memo of appeal is - 3 - finally heard and disposed of. The prayer contained in the memo of appeal as also prayer for interim relief should be considered by the Collector, Darbhanga in accordance with law as early as possible, in any case within a reasonable time, which should not exceed three months from the date of receipt of the two petitions along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)