IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7428 of 2004 NEELAM CHOUDHARY, DAUGHTER OF LATE YUKTESHWAR JHA, WIFE OF LATE MOHAN CHAUDHARY, RESIDENT OF VILLAGE BASUKI BIHARI TOLA JANKINAGAR, P.O. BASUKI BIHARI, P.S. MADHAWAPUR, DISTRICT MADHUBANI. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. DISTRICT COLLECTOR, MADHUBANI 3. ADDITIONAL COLLECTOR, MADHUBANI 4. THE SUB-DIVISIONAL OFFICER, BENIPATTI-CUM-INCHARGE, D.C.L.R., BENIPATTI. 5. THE DEPUTY COLLECTOR, DISTRICT LEGAL CELL, MADHUBANI 6. BAUKU SATI, SON OF NOT KNOWN 7. YOAGI SATI, SON OF NOT KNOWN 8. MAKSUDAN SATI, SON OF NOT KNOWN 9. BINDESHWAR SATI, SON OF NOT KNOWN 10.CHANDESHWAR SET, SON OF NOT KNOWN ALL RESPONDENTS NO. 6 TO 10 ARE RESIDENT OF VILLAGE + P.O. DURGAPATTI, P.S. MADHAWAPUR, DISTRICT MADHUBANI. ----- RESPONDENTS ----------- 4 25.10.2010 Petitioner claims to be a Bataidaar of the lands which were declared to be surplus as far back as in 1992. Petitioner filed an application before the Sub-divisional Officer, Benipatti that she should be declared as a Bataidaar which was rejected. The Collector, Madhubani similarly rejected the prayer of the petitioner, on the ground that the petitioner ought to have got a declaration under Section 48E of the Bihar Tenancy Act to substantiate her claim. The ceiling proceeding concluded in 1992 and subsequently Purchas were distributed to the private respondents. At this stage, this Court cannot pass any order regarding the ceiling proceeding which stands concluded. 2 The petitioner, if at all, would have the remedy under Section 45B of the Ceiling Act. This application is accordingly dismissed. Sanjay ( Sheema Ali Khan, J. )