IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12998 OF 2002 1. NAND KISHORE MISHRA, SON OF LATE INDRASHAN MISHRA, RESIDENT OF POST OFFICE KEHUNIYA, POLICE STATION SHIKARPUR, DISTRICT WEST CHAMPARAN 2. KRISHNA PATHAK, SON OF LATE GOKUL PATHAL, RESIDENT OF POST OFFICE KEHUNIYA, DISTRICT WEST CHAMPARAN AT BETTIAH ………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, WEST CHAMPARAN AT BETTIAH 3. LAND REFORMS DEPUTY COLLECTOR, WEST CHAMPARAN, BETTIAH 4. ANCHAL ADHIKARI, NARKATIYAGANJ, WEST CHAMPARAN AT BETTIAH 5. SAMBHU SARAN DUBEY, SON OF RAMADHAR DUBEY, RESIDENT OF VILLAGE GHOGHA, POLICE STATION CHANPATIA, DISTRICT WEST CHAMPARAN, BETTIAH …………………………………………………………………………RESPONDENTS ********** 6 02/08/2010 The petitioner no. 1 claims that he has right, title and interest over the lands appertaining to Khata No. 29 except plot nos. 354 and 356 which was included in the Land Ceiling Case No. 174 of 1975-76, petitioner no. 2 claims right, title and interest over the lands of Khata No. 60, 63, 24 and 70. A similar matter was challenged before this Court in CWJC No. 1859 of 1996 wherein the petitioner has challenged the inclusion of his lands over plot nos. 354 and 356 appertaining to Khata No. 29 in the ceiling proceedings. On enquiry, it was found that the lands did not belong to the land holder Shambhu Sharan Dubey and as such this Court passed the following orders:- “In the absence of any material connecting the - 2 - land in question with Shambhu Sharan Dubey it is obvious that the land cannot be treated to be his land and declared as surplus land in LC Case No. 174 of 1974-75. The orders of the Collector, West Champaran dated 27.08.1993 in Case No. 229/84-85 and that of the Additional Member, Board of Revenue dated 5.12.95 in Case No. 220 of 1993 rejecting the claim of the petitioner are accordingly set aside. The notification contained in Memo No. 717 dated 24.11.84 (Annexure-3) to the extent it relates to plot nos. 354 and 356 is also quashed. This order will not stand in the way of the Collector from passing fresh order with respect to the land in question, he is in possession of some tangible material connecting the lands with Shambhu Sharan Dubey, after notice and opportunity of hearing to the petitioner and the land-holder. This writ petition stands allowed with the above observation.” The petitioners are entitled for the same relief and as such they may approach the Collector, West Champaran at Bettiah who will pass appropriate orders in this case in accordance with the observations, findings and directions contained in Annexure-6 to the writ application. This application is allowed to the extent - 3 - indicated above. Anand ( Sheema Ali Khan, J. )