IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.14005 OF 2010 1. DR.INDAL SINGH NAVEEN S/O LATE FOJEDHAR SINGH R/O VILL BARIARPUR, P.S.SITAMARHI, DISTT-SITAMARHI VERSUS 1. THE STATE OF BIHAR 2. COLLECTOR SITAMARHI 3. ADDL.COLLECTOR SITAMARHI 4. ANCHAL ADHIKARI BATHNAHA, DISTT-SITAMARHI 5. B.D.O. BATHNAHA, DISTT-SITAMARHI 6. CONSOLIDATION OFFICER BATHNAHA, SITAMARHI 7. RANJIT KUMAR S/O ABHIRAM PRASAD THAKUR R/O VILL BARIARPUR, P.S.SITAMARHI, DISTT-SITAMARHI ********** 4 03/11/2010 The petitioner is aggrieved by the order dated 30.03.2006 contained in Annexure-4 to the supplementary affidavit by which the Anchal Adhikari has declared that the lands in question i.e. lands appertaining to C.S. Khata No. 486, Plot No. 355, R.S. Plot No. 938 has vested in the State of Bihar by virtue of being a “Pokhar”. The facts are that Abhiram Thakur was the recorded landlord of Khata No. 486, Plot No. 355, measuring 2.50 decimals, which were in his Khas Bakaste lands. On part of Plot No. 355, the ex-landlord carved out a Pokhar which remained in his khas possession. In the revisional survey conducted sometime in the year 1959-60, the lands were recorded in the name of the State of Bihar. At the relevant time, consolidation proceedings were taken up in the village and the Consolidation Officer recorded Plot No. 938 in the name of the ex-landlord Abhiram Thakur. It may be mentioned here that the State was noticed but the State did not appear or file any written statement and the matter - 2 - stood concluded by the order dated 18.09.1976 vide Case No. 01 of 1976. A land ceiling proceeding was initiated against the ex-landlord Abhiram Thakur. R.S. Khata No. 63, Plot No. 938, area 32 decimals has been declared to be the surplus lands of Abhiram Thakur vide gazette notification dated 02.01.1996. A counter affidavit has been filed on behalf of the State in this case, stating therein that the matter was remanded by the Board of Revenue to the Collector, Sitamarhi and is numbered as Remand Appeal No. 50 of 1995. In the mean time, the petitioner purchased the said Plot No. 938 from Abhiram Thakur on 06.11.2006. The ceiling proceeding or the gazette notification has obviously not been challenged by the ex-landlord since the appeal is still pending. Counsel for the petitioner submits that the State of Bihar has taken a contrary stand. At one place, they have categorically stated that the lands have been declared to be surplus land of the ex-landlord for which an appeal is pending before the Collector and by issuing Annexure-4, they have purported to show that the lands in question i.e. the Pokhar has vested in the State of Bihar. It is submitted that the State of Bihar could not have declared that the Pokhar has vested in the State of Bihar without starting a proper proceeding against the ex-landlord under the Bihar - 3 - Land Reforms. The order of the Circle Officer as contained in Annexure-4 is, therefore, according to the petitioner, unwarranted at this stage. From the pleadings in the writ application, supplementary affidavit and the counter affidavit of the State of Bihar, it is obvious that the lands in question are subject matter of a Land Ceiling Proceeding. This Court also finds that the contrary stand of the State is unjustified. In view of the fact that if the lands are in khas possession of the ex- landlord, perhaps Sairat/ Pokhar in question would be protected and governed by virtue of the provisions of Section 4 of the Bihar Land Reforms. The order contained in Annexure 4 is, therefore, quashed with leave to the State of Bihar to take proper action in accordance with law, after issuing notice to the necessary parties, keeping in mind the fact that the lands in question have already been declared as surplus lands of the ex-landlord Abhiram Thakur under the Ceiling Act. This writ application is allowed in the terms aforesaid. Anand ( Sheema Ali Khan, J. )