IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1794 of 2001 MOHAN YADAV & ORS Versus THE STATE OF BIHAR & ORS ----------- 10. 29.8.2008. Heard learned counsel for the petitioners and the counsel for the private Respondents. Petitioners are aggrieved by the order dated 30.12.2000 passed by the Collector, Darbhanga in Miscellaneous Case No. 226 of 1993-94, Annexure-3 whereunder the lands which they purchased under sale deed dated 6.7.1977 has been annulled without appreciating the fact that they are the purchasers from the transferee of the land holder Vide sale deed dated 28.8.1973, Annexure-1. It is submitted on behalf of the petitioners that while passing the impugned order the Collector should have noticed the provisions contained in Sub-Section(2) of Section 9 of the Bihar Land Reforms(Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961(hereinafter referred to as “the Act”) and should have allocated the lands which were the subject matter of the two sale deeds in the share of the land holder who executed sale deed dated 28.8.1973, Annexure-1 but without appreciating such submission the lands in the sale deed has been annulled. As the impugned order dated 30.12.2000, Annexure-3 has been - 2 - passed by the Collector of the District, petitioners have a remedy of appeal/revision and unless the alternative remedy is invoked this Court does not deem it expedient to intervene in the matter. Accordingly, petitioners are directed to avail the remedy of appeal/revision against the impugned order dated 30.12.2000 within one week from the date of receipt of the certified copy of this order for which petitioners shall file their requisition by Monday i.e. 1.9.2008 and in the event appeal/revision is filed within one week from the date of receipt of the certified copy, then the appellate/revisional authority shall condone the delay in filing the appeal/revision and proceed to hear the matter after notice to private Respondent Nos. 5, 6, and 7 and dispose of the appeal/revision as early as possible, in any case, within a period of three months from the date of filing of appeal/revision keeping in view that the matter has remained pending in this Court for about six years. Until the appeal/revision is taken up for hearing, status quo as existing today shall be maintained. 3. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)