IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9513 of 2000 CHANDRIKA SINGH & ORS Versus THE STATE OF BIHAR & ORS For the Petitioners : Mr. Sidheshwari Pd. Singh(Sr. Adv.), Krishna Kishore sinha, Advocate. For the State : Mrs. Kumari Amrita, SC-1(Ceiling). For the Respondent No.5 : Mr. Madan Prasad Singh, Advocate. ----------- 8. 22.8.2008. Heard learned counsel for the petitioners, State and the counsel for private Respondent no.5. 2. Petitioners are the purchasers of 6.23 acres of land under two registered sale deeds dated 15.4.1966 from Mahant Akhilanand on the basis of which they came in possession of lands sold and were also mutated in the Sarista of the State of Bihar and till date they are in possession of the lands in question. They are aggrieved by the order dated 27.8.1999 passed by the Additional Collector, Nalanda, in Land Ceiling Case No. 58 of 1996 as contained in Annexure-7 whereunder 5.17 acres of land belonging to the petitioners out of the aforesaid 6.23 acres was acquired in terms of Nalanda District Gazette dated 1.3.2000, Annexure- 8. Aforesaid order dated 27.8.1999, Annexure-7 was passed in compliance of the orders of this Court dated 9.10.1996 passed in C.W.J.C. No. 2145 of 1986. 3. It is submitted on behalf of the petitioners that before passing the order dated 27.8.1999, Annexure-7 - 2 - they were not given any notice and averment to that effect has been made in the writ application which has not been denied by the authorities by filing any counter affidavit, although, the case has remained pending in this Court for over seven years. In these circumstances, this Court accepts the position that the order dated 27.8.1999 as also the gazette publication dated 1.3.2000 under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961(hereinafter referred to as “the Act”), Annexures- 7 and 8 have been made without notice to the petitioners. 4. From perusal of the order dated 27.8.1999, Annexure-7 it further appears that the two registered sale deeds dated 15.4.1966 whereunder 6.23 acres of land was transferred in favour of the petitioners has also not been annulled in terms of the provisions contained in Sub-clause(iii) of Sub-Section(1) of Section 5 of the Act. Until the two sale deeds executed after the commencement of the Act but before the appointed date is annulled by the authorities, the subject matter of those sale deeds cannot be acquired pursuant to any ceiling proceeding, as such, the acquisition of the lands of the petitioners in the gazette notification appears to be wholly without jurisdiction. This Court still would like that the petitioners should assail the order dated 27.8.1999 as - 3 - also the gazette publication dated 3.1.2000 by filing appeal before the appellate authority, which should be filed within a period of thirty days from the date of receipt of the certified copy of this order, requisition for which shall be filed by Monday i.e. 25.8.2008. The matter has remained pending in this Court from 19.9.2000, the authorities would condone the delay in filing the appeal and shall proceed to hear the appeal in accordance with law. 5. It is further submitted on behalf of the petitioners that their possession over the lands in question has not been disturbed till date. In view of such statement it is directed that until the appeal is taken up for admission no coercive steps be taken against the petitioners, namely, Chandrika Singh, Most. Urmila Devi, Santosh Kumar and Rakesh Kumar. It goes without saying that if the appellate authority is satisfied that the transaction made under sale deeds dated 15.4.1966 is genuine then the lands shall be allocated in the share of the land holder as is required under Sub-Section(2) of Section 9 of the Act. 6. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J) - 4 -