IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19585 of 2010 FALDEV VERMA S/O LATE KESHO VERMA, R/O VILL. SIMARIA KHAMCHAND TOLE KHARKATTA, P.O. SIMARIA KHEMCHAND, P.S. BHAWANIPUR RAJDHAM, DIST. PURNIA. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE MINISTER, DEPARTMENT OF REVENUE AND LAND REFORMS, GOVERNMENT OF BIHAR, MAIN SECRETARIATE BUILDING, PATNA 3. THE COLLECTOR, PURNIA 4. THE ADDITIONAL COLLECTOR, LAND CEILING AT PURNIA 5. THE SUB DIVISIONAL OFFICER AT DHAMDAHA WITHIN THE DIST. OF PURNIA 6. THE ANCHAL ADHIKARI AT BHAWANIPUR WITHIN THE DIST. OF PURNIA 7. SRI RAGHUBANSH PRASAD SINGH SON OF LATE JAGDISH PRASAD SINGH, R/O VILL. BHAIKHANA, P.S. RUPOULI, DIST. PURNIA. -- RESPONDENTS. ----------- 02 08.12.2010 Petitioner claims to be the purchaser of the land from the land holder in the year 2002, measuring 97 ½ decimals appertaining to Thana no. 234/2, Khata no. 120, plot nos. 78 and 77, situated in Mauza Bahdura, P.S. Rupouli in the District of Purnia. It is the stand of the petitioner that the land holder was given certain units but while exercising option, the land in question were not opted by the landholder, as a result whereof, final publication under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act,1961 (hereinafter referred to the ‘Act’) was published on 31.05.2007(Annexure-6), which included the land purchased by the petitioner whereby twenty eight and odd acres of land were declared surplus and notified as such. As soon as the petitioner became cognizant of the aforesaid fact he filed an application 2 under Section 45(B) of the Act before the respondent no.2, (the Hon’ble Minister, Department of Revenue and Land Reforms Government of Bihar, Patna) for re-opening of the proceeding which was registered as Misc. Ceiling case no. 05 of 2009 of the Court of respondent no.2. It is stated that the said case has not been taken up and disposed of by the said authority. In these fact situation, the present application has been filed seeking direction upon respondent no.2 for an early disposal of the aforesaid Misc. Ceiling case no. 05 of 2009. Learned counsel for the petitioner has handed in an order of this Court passed in C.W.J.C. No. 10999 of 2010, in order to show that in similar/identical situation, this Court had issued appropriate directions. Copy of the said order is kept on record marked ‘Y’. Learned Standing counsel (Ceiling) appearing on behalf of the State does not dispute the aforesaid submission of the learned counsel for the petitioner. Accordingly, this Court, disposes of the present application by the following order:- Let respondent no.2, Hon’ble Minister, Department of Revenue and Land Reforms Government of Bihar, Patna dispose of the pending application being Misc. Ceiling case no. 05 of 2009 expeditiously keeping in view the fact that the petitioner is threatened with dispossession. Petitioner would be at liberty to file and application before the Hon’ble Minister, Department of Revenue and Land Reforms Government of Bihar, Patna for ad interim stay in the 3 matter, which shall be considered in accordance with law while hearing the matter. It is expected that the matter shall be taken up and disposed of within a period of 03 months from the date of receipt/production of a copy of this order before the said respondent. The petitioner shall approach the Hon’ble Minister by filing application along with a copy of this order within a period of 05 weeks from today. Considering the stand of the petitioner that he is the bonafide purchaser of the land, this Court is persuaded to grant status quo with respect to the land claimed by him till the matter is first taken up by him for consideration, whereafter the petitioner shall pray for appropriate relief before the said authority. Sym ( Kishore K. Mandal, J.)