IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9689 of 2005 RAM NARAIN PANDIT Versus THE STATE OF BIHAR & ORS ----------- 4 17.05.2011 This matter has been listed at the instance of the petitioner. Counsels for the petitioner and the State are present. No body appears on behalf of the private respondents. A supplementary affidavit has been filed which is taken on record. Mr. Mishra, learned counsel for the petitioner, submits that by order dated 7.4.2011, this Court remanded the matter for fresh consideration and disposal to the respondent Member, Board of Revenue after setting aside the resolution of the Board. It is submitted that in the meanwhile, Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Amendment Act, 2006 has come into force whereby the revisional jurisdiction has been conferred on the Divisional Commissioner in the matter arising out of proceedings filed under Section 16(3) of the Land Ceiling Act. Annexure -1 is the amending Act. It is thus submitted that the matter should now go to the Divisional Commissioner, Chapra instead of respondent Member, Board of Revenue, Bihar, Patna. Learned counsel for the State does not object to the said submission of the learned counsel for the petitioner. 2 Accordingly, the concluding six lines of the order dated 7.4.2011 passed in C.W.J.C. No. 9689 of 2005 are modified in the following manner:- “The order dated 02.05.2005 (Annexure-3) passed in Pre-emption Case No. 203 of 2003, passed by Member Board of revenue, Bihar, Patna is hereby and set aside. The matter goes on remand to the Divisional Commissioner, Chapra for hearing and disposal afresh in accordance with law after affording opportunities of hearing to the parties in the manner indicated hereinabove. Parties will now appear before the said authority within four weeks from today in accordance with the aforesaid order dated 7.4.2011. “ pkj ( Kishore K. Mandal, J)