IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4428 OF 2003 1. MUNESHWAR YADAV 2. YOGENDRA YADAV BOTH SONS OF LATE RAM LAKHAN YADAV, RESIDENT OF VILLAGE MUKHIYAPATTI TOLA, MUSHARI, POLICE STATION SAHARGHAT, DISTRICT MADHUBANI ………………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT COLLECTOR, MADHUBANI …………………………………………………………………………….RESPONDENTS ********* 4 30/08/2010 The case of the petitioner is that there was a land ceiling proceeding initiated against Bhal Chandra Mishra. Bhal Chandra Mishra had sold lands as described in paragraph 4 of this application to the petitioner through two sale deeds dated 17.06.1974 and 27.10.1980. The ceiling proceeding against the vendor of the petitioner was numbered as 01 of 1973-74. It is the claim of the petitioner that he did not know about the ceiling case and recently bought the lands from Bhal Chandra Mishra. In the ceiling proceeding, the notification under Section 15 (1) of the Act has already been issued way back in the year 1992. The petitioner submits that he had filed an application before the Collector in the year 1998 which is still pending before the Collector. The only prayer of the petitioner is that the lands purchased by him may be treated to be included in the lands to be retained by the landholder Bhal Chandra - 2 - Mishra. At this stage, this Court cannot order that the Collector should consider the application filed by the petitioner in the year 1998 as the right forum for the petitioner would have been to approach the Minister under Section 45 B of the Act for reopening of the Ceiling Case No. 01 of 1973-74 only to the extent of including the lands purchased by the petitioner in the unit allotted to the landholder. Of course, any order would have to be passed after noticing the landholder who would be the best person to say whether the lands have been sold to the petitioner, as claimed by the petitioner. In the result, the petitioner would be at liberty to file an application under Section 45 B of the Act. This application is accordingly disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J. )