IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14357 of 2011 Shiv Narayan Thakur son of late Munsi Thakur a resident of village-Chikani Patraha, P.O.-Saidpur, P.S. Barhara Kothi, District-Purnea…. ….Petitioner Versus 1. The State Of Bihar, 2. The Collector, Purnea, 3. The Sub-Divisional Officer, Dhamdaha, Purnea, 4. The Land Reforms Deputy Collector, Dhamdaha, Purnea, 5. The Circle Officer, Barahara Kothi, Purnea, 6. The Officer Incharge Police Station Barhara Kothi, Purnea, 7. Kamleshwari Mandal, 8. Bishwanath Mandal, Both sons of late Jai Lal Mandal. Both residents of Village-Pakriya, P.S. Rupauli, District- Purnea, 9. Hardev Rishideo, son of late Sokhi Rishidev, 10. Ghutar Rishidev, son of late Somi Lal Rishidev, 11. Chalitar Rishidev, son of late Kartik Rishidev, 12. Ashok Rishidev, son of late Bichchu Rishidev, 13. Fuleshwar Rishidev, son of late Sukru Rishidev, 14. Naresh Rishidev, son of late Nageshwar Rishidev, 15. Kailu Rishidev, son of late Daso Rishidev, 16. Sadhu Paswan, son of late Rambhajju Paswan, 17. Upendra Paswan, son of late Jagdish Paswan, 18. Prithawi Chand Paswan, son of late Chuman Lal Paswan, 19. Yogendra Paswan, son of late Jagdish Paswan, 20. Suresh Paswan, son of late Basudev Paswan, 21. Gonar Paswan, son of late Chhahku Paswan, 22. Pradip Paswan, son of late Sattan Paswan, 23. Soti Rishidev, son of late Budhan Rishidev, 2 All are residents of Village-Chikani, P.O. Shahidganj, P.S. Barhara Kothi.. …………….Respondents. ----------- For the Petitioner : Mr. R. C. Thakur, Mr. Kamal Kishor Singh, Advocates For the State : A.C. to A.A.G.-2 ………………… 2 13.09.2011 Heard learned counsel for the petitioner and the State. A limited prayer has been made in this case for direction to the competent authority to dispose of the Miscellaneous Ceiling Case No. 149 of 1991 filed under Section 45(B) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 which was filed by the State authorities for reopening the Ceiling Case No.175/73-74 in the facts and circumstances of the case. It is submitted on behalf of the petitioner that he had become the owner of the concerned land as per the decree passed in Title Suit No.174/1989 by the Munsif Sadar, Purnea. However, in the ceiling proceeding aforesaid land was declared as surplus land of the land holder. In view of the changed circumstances, the 3 authorities in the State Government have itself filed a case under Section 45(B) of the aforesaid Act for reopening of the concerned ceiling case before the Collector which is still pending. Learned counsel appearing for the State submits that if the petition is still pending, then the same cannot be decided by the Collector as the earlier provisions under Section 45(B) was amended later on and now the State Government is empowered to pass necessary orders with regard to reopening of the case or otherwise. In above view of the matter, this writ application is disposed of with a direction to the Collector, Purnea to transfer the Miscellaneous Ceiling Case No. 149 of 1991, if the same is still pending, within three weeks from the date of receipt/production of this order to the competent authority along with records so that the same, being a very old case, could be disposed of by the competent authority as expeditiously as possible. Sanjay-II ( Dr. Ravi Ranjan, J.)