IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11182 of 2008 1. MOSSAMAT MOMINA KHATOON, W/o Late Khan Mohammad 2. Mohammad Mustak Alam, S/o Abdul Hakim 3. Md. Majiboor Rahman S/o late Khan Mohammad 4. Harun Rashid S/o late Khan Mohammad 5. Md. Harij, S/o late Khan Mohammad 6. Aisa Khatoon D/o late Khan Mohammad 7. Bibi Saira Khatoon D/o late Khan Mohammad 8. Bibi Hazra Khatoon D/o late Khan Mohammad 9. Bibi Hafsa Khatoon D/o late Khan Mohammad 10. Bibi Muslima Khatoon D/o late Khan Mohammad 11. Bibi Taslima Khatoon, D/o late Khan Mohammad 12. Mossamat Anwara Khatoon, W/o late Amir Hussain 13. Julur Rahman, S/o late Amir Hussain 14. Khalilur Rahman, S/o late Amir Hussain 15. Abdul Halim, S/o late Amir Hussain 16. Ataur Rahman, S/o late Amir Hussain 17. Nayeem Akhatar, S/o late Amir Hussain 18. Mossamat Ujlifa Khatoon, D/o late Amir Hussain 19. Karim S/o late Abu Talha 20. Jabir Hussain, S/o late Abu Talha 21. Mubarak , S/o late Abu Talha 22. Nurain, S/o late Abu Talha 23. Bibi Jubeda Khatoon, D/o late Abu Talha 24. Kalimuddin, S/o late Hazi Hifajuddin 25. Md. Lukman, S/o late Hazi Hifajuddin 26. Mossamat Bibi Jamila Khatoon, W/o late Md. Haji Taiyab Ali 27. Md. Asraf Ali, S/o Late Md. Haji Taiyab Ali 28. Bibi Ashiya Khatoon, D/o late Md. Haji Taiyab Ali 29. Bibi Amina Khatoon, D/o Late Md. Haji Taiyab Ali 30. Bibi Tojina Khatoon, D/o late Md. Haji Taiyab Ali 31. Md. Sadik, S/o Md. Azimuddin 32. Md. Ali, S/o Md. Azimuddin 33. Md. Asfaque, S/o Md. Azimuddin 34. Bibi Saifora, D/o Md. Azimuddin All residents of village-Dumra, P.S. Bausi, Basethi (Raniganj), District-Araria ……………..Petitioners. Versus 1. THE STATE OF BIHAR 2. The Collector, Araria 3. The Deputy CollectorLand Reforms , Sadar, Araria 4. The Circle Officer, Raniganj, District –Araria 5. Pankaj Kumar Rai, S/o late Pawan Kumar Rai 6. Rahul Kumar Rai, S/o late Pawan Kumar Rai 7. Pranay Kumar Rai, S/o late Pawan kumar Rai 8. Vijay Kumar Rai, S/o late Upendra Prasad Rai 9. Ajay Kumar Rai, S/o late Upendra Prasad Rai, - 2 - Nos. 5 to 9 are residents of village-Parora, P.S. K. Nagar, District-Purnia ……………. Respondents. ----------- 5. 05.05.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioners are claiming to be the legal heirs of one Ayesha Khatoon and Khusjan. Ayesha Khatoon and Khusjan, both had purchased lands of Plot No. 352 old, 359 new, Khata No. 228 from one , Beni Prasad Rai. Petitioners’ case is that Beni Prasad Rai had no connection with the land holder, Yogi Narayan Rai against whom Ceiling case No. 175/73-74 was initiated on account of wrong verification made by the Circle Officer and the revenue authorities, the land of Beni Prasad Rai transferred in favour of Ayesha Khatoon and Khusjan, sometimes in the year, 1956, were wrongly clubbed with the lands of land holder. Petitioners, who are the legal heirs of Ayesha Khatoon and Khusjan, had no information at any stage of ceiling proceeding that their lands have been declared surplus of the land holder by publication of gazette under Section 15(1) of Bihar Land Reforms (Fixation of Ceiling , and Acquisition of Surplus Land) Act. Petitioners came to know about declaration of their land as surplus of the land holder in the year, 1998. Thereafter, under the wrong advice filed their application under Section 45(B) before the Collector, Purnea though by that time, the Collector had no jurisdiction to - 3 - pass any order under Section 45B of the Ceiling Act. The jurisdiction under Section 45B of the Ceiling Act , after amendment was vested only with the State Government.The Ceiling Proceeding which reached its finality after publication of gazette under Section 15(1) of the Act could be re-opened only under the orders of the State Government. Considering these facts, I do not find any reason to interfere in this case as only remedy available to the petitioners is under Section 45B of the Act. However, counsel appearing for the petitioners has tried to persuade this court that remedy is available under Section 47 of the Act as acquisition of their land is only a clerical error. I do not think that the submission made by the petitioners, has got any substance. The remedy available to the petitioners, is only under Section 45B of the Act. It is a fact much time has passed, as the gazette u/S 15(1) of the Act, was published in the year, 1990 itself. Even then, the petitioners may approach the State Government by filing application under Section 45B of the Ceiling Act for the reason that entire proceeding has been done in violation of the rule of Natural Justice. Lands purchased by petitioners’ ancestors in the year, 1956, have been acquired erroneously and illegally. This needs due consideration. Accordingly, this writ application is disposed of. In case petitioners file their application before the State Government within 30 days from today, it will be proper for the - 4 - Hon’ble Minister to consider a case of re-opening of the Ceiling Case No. 175/73-74 and pass appropriate orders on the application filed by the petitioners. akv (Mridula Mishra, J.)