IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14679 of 2006 1. SK.NAZMUL HAQUE 2. Sk. Azimuddin -Both sons of Danaulla, resident of village Mahthour tola Ghogha Kasba, PS Kasba, District – Purnea ……Petitioners Versus 1. THE STATE OF BIHAR 2. The Commissioner, Purnea Division, Purnea 3. The Collector, Purnea 4. The Anchaladhikari, Kasba, PS Kasba, District Purnea 5. Mosammat Hasmukhi Devi, w/o Late Fakirchand Sah, resident of village Madarghar Kasha, PS Kasba, District Purnea ….. Respondents ----------- 06- 12.12.2008 Heard Mr. J P Bhagat for the petitioners, and Kumari Amrita, learned Standing Counsel (Ceiling) I for respondent nos. 1 to 4. None appears on behalf of respondent no.8 inspite of valid service of notice. The petitioners are purchasers from the land-holders and seek a direction to the respondent authorities to allot the same within their ceiling area to the land-holder. 2. A brief narration of facts essential for the disposal of this writ petition may be indicated. Land ceiling proceeding under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 (hereinafter referred to as `the Act) was initiated against Late Fakir Chand Sah (the land-holder), the husband of respondent no.8. The petitioners purchased 1.35 acres of land from the land-holder by registered deed of absolute sale dated 6.5.71, at Mouza Mathour, district Purnea, the break-up of which is as follows :- Khesra No. RS Khata No. Area i. 258 186 0.10 dec. - 2 - ii. 259 186 0. 50 dec. iii. 260 186 0. 75 dec. Certain lands of the land-holders including the one in question were declared surplus in the land ceiling proceeding against the land-holders. The surplus lands were notified in the gazette notification dated 9.11.73 (Annexure 2), published in terms of Section 15(i) of the Act. In other words, the land so purchased by the petitioners were declared to be surplus lands. The petitioners thereafter preferred CWJC No.3208 of 1994 which was disposed of by order dated 5.12.1994 (Annexure 3), whereby the Collector of the district of Purnea was directed to consider the petitioners’ application under Section 45-B of the Act in accordance with law. The Collector has disposed of the petitioners’ application by his order dated 8.10.2004 (Annexure 5), whereby he has held that it was not possible to re-open the land ceiling proceeding, inter alia, for the reason that the transfer in favour of the petitioners was with a malafide purpose, is invalid transaction, and with the intent to defeat the provisions of the Act. He has also observed that red cards have been issued to different persons. He has, however, made observation that the land-holder is directed to transfer equivalent area of land out of his lands within the ceiling area in favour of the petitioners. The petitioners thereafter preferred a review application before the Commissioner of Purnea Division which was rejected on the ground of limitation by order 2.9.2006 (Annexure 6). Hence this writ petition. 3. While assailing the validity of the impugned order, - 3 - learned counsel for the petitioners submits that the Collector ought to have upheld the petitioners’ prayer to allot the land in question within the ceiling area of the land-holders. 4. Learned Standing Counsel supports the impugned order, except that the State of Bihar is not concerned with the observations made towards the end of the order of the learned Collector that the land-holders ought to have transferred the equivalent area of lands in favour of the petitioners. In her submission, it is a matter between the land-holders and the petitioners. 5. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears from the gazette notification dt. 9.11.93 that the following lands of the land- holder were declared surplus:- Village Khata Plot no. Area Total Thana No. -------- --------- ------------ ---------- ---------- Mathour 230 186 258 0.10 dec 259 0.50 dec 260 0.75 dec 1.35 The admitted position is that the petitioner has purchased the aforesaid lands from the land-holders. It further appears from the order of the learned Collector that the aforesaid lands have been distributed and parchas have been issued. The following portion of the order is reproduced hereinbelow:- - 4 - ”” It is thus evident that parchas with respect to 0.60 acres of lands in question have been issued in favour of the petitioners. The rest of the lands in question have been distributed in favour of Nazmul Haque, Ajimuddin, Md. Nisar Ali, and Domar Ali. It thus appears to me that the petitioners and others have taken the lands in question from the State of Bihar, and the petitioners by these malafide proceedings are trying to pressurize the land-holders to part with equivalent area of land. It is not possible to countenance such an attempt. In that view of the matter, the learned Collector was not justified in directing the land-holders to alienate equivalent area of lands in favour of the petitioners.This part of the observations made in the order dated 8.10.2004 (Annexure 5) is hereby set aside. 6. The writ petition is dismissed. ( S K Katriar ) mrl