IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19221 of 2010 SMT.JYOTSNA MALLICK W/O SRI KIRAN SHANKAR MALLICK R/O CHITRAGUPTA NAGAR, ARARIA, P.S. ARARIA, DIST. ARARIA AT PRESENT RESIDING IN CHITRAKOOT APARTMENT, SECTOR 22, DWARKA, NEW DELHI ---PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, ARARIA 3. THE DEPUTY COLLECTOR LAND REFORMS ARARIA 4. ANCHAL ADHIKARI ARARIA, DIST. ARARIA 5. SHAIL KUMAR ROY SON OF LATE JHARI ROY, R/O VILL FARASUT, P.S. ARARIA, DIST. ARARIA. ----RESPONDENTS. For the petitioner : Mr. Uday Bhanu Roy, Advocate. For the State : Mr. Rajeev Kumar Singh, G.P. 15 ----------- 05 24.02.2011 Heard both sides. Present application has been filed seeking inter alia following relief(s):- (i) An appropriate writ, order or direction to quash the Red Card issued in favour of respondent no.5 in respect of the land of village Farasut R.S. khata no. 571 plot no. 1558 area 47 decimals hereinafter referred as disputed land. (ii) An appropriate writ, order or direction commanding and directing the respondent collector, Araria to pass a final order is pursuance of the findings recorded by respondent no.3 (D.C.L.R.,Araria) in his order dated 2 13.08.2007 passed in Misc. case no. 11/2007-08. The petitioner had earlier come to this Court on two occasions by filing writ petitions being C.W.J.C. no. 7817 of 1997(Annexure -1) and C.W.J.C. no. 5822 of 2002 (Annexure 1/1). The case of the petitioner in brief is that land(s) belong to her wrongly clubbed in the land ceiling proceedings initiated against one Kirtyanand Roy and was acquired and subsequently purcha(s) in respect thereof was distributed. This Court by order dated 15.03.2007 (Annexure 1/1) remanded the matter to the respondent Deputy Collector Land Reforms, Araria to enquire into this aspect of the matter, and decide the same within a particular time frame after noticing parties concerned. In view of the aforesaid order, a proceeding bearing Misc. case no. 11 of 2007-08, was initiated in the Court of D.C.L.R. After making detailed enquiry by order dated 13.08.2007(Annexure-4) it was found the land(s) belonging to the petitioner appertaining to khata no. 571, plot no. 1858, measuring an area of 0.47 acres were wrongly clubbed in the land ceiling proceedings initiated and concluded against one Kirtyanand Roy. Accordingly respondent Deputy Collector submitted the records to the higher revenue authority for according approval to the said order so that further steps for cancellation of purcha(s) in respect of the said land can be made. Since there was an inordinate delay in according such permission, the petitioner approached this Court seeking the aforesaid relief(s). 3 A counter affidavit has been filed on behalf of the respondent nos. 2 and 3. Paragraph nos. 10 and 12 of the said counter affidavit read as under:- “10. That the averment made in paragraph no. 26 of writ petition are denied and it is stated and submitted that the learned D.C.L.R. Araria passed his order on 13.08.2007 and sent the same through learned Addl. Collector, Araria for approval of the learned Collector, Araria. On 7.9.2007 the Addl. Collector, Araria sent the same to the learned Collector, Araria for his approval. The learned Collector, Araria on the same day being agreed with the learned D.C.L.R. Araria and the learned Addl. Collector Araria approved the findings and order passed by the learned D.C.L.R. Araria. 12. That, thus, the grievance of the petitioner with regard to passing of order by the Collector has already been redressed and hence, the present writ petition is misconceived and have no merit and is fit to be dismissed.” Learned counsel for the petitioner, in view of the averments made in the counter affidavit, accepts that one of the grievances of the petitioner stands redressed by reason of the averments made in the counter affidavit. It is submitted that in view of the approval so granted by the respondent Collector, the respondent D.C.L.R. is now required to take steps for cancellation of purcha(s) issued in favour of respondent no.5 respecting the land(s) of the petitioner. In this connection, it is also pointed out that respondent no.5 was also noticed and heard by the Deputy Collector Land Reforms while reaching to a conclusion by order dated 13.08.2007 (Annexure-4). Learned counsel appearing on behalf of the State submits 4 that in view of the findings recorded at Annexure -4 duly approved by the respondent Collector it is incumbent upon the state respondent (D.C.L.R.) to proceed further and cancel the purcha(s) issued in favour of the respondent no.5 in respect of the land(s) of the petitioner. Having considered the submissions advanced on behalf of the parties and after going through the materials on record, this Court finds that so far as the grievance no.2 is concerned the same has already been redressed as the respondent Collector has already accorded approval to the proposal/order of respondent D.C.L.R. (Annexure-4). It further appears that the person in whose favour the purcha(s) was granted also noticed and heard by respondent D.C.L.R. In that view of the matter, this Court directs that respondent D.C.L.R. shall proceed further and pass appropriate order in accordance with Annexure-4 within a period of 08 weeks from the date of receipt/production of a copy of this order. The writ application stands disposed of. Sym/ ( Kishore K. Mandal, J.)