IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12352 of 2011 1. Lalsa Devi W/O Shri Anil Sharma R/O Vill. Kab P.S. Bikram District: Patna , Currently Residing At Rani Talab Kanpa , District: Patna. Versus 1. The State Of Bihar 2. The Collector, Patna 3. The Deputy Collector Land Reforms, Paliganj, Patna. 4. Rabindra Nath Tiwary S/O Late Deo Nandan Tiwary R/O Vill- Kab Tola , Basantpur , P.S. Bikram , Currently Residing At Rani Talab , P.S. Kanpa , Patna. 5. Mostt. Lal Muni Devi W/O Late Dinesh Tiwary R/O Vill- Kab Tola , Basantpur , P.S. Bikram , Currently Residing At Ashiyana , Sector 4 Gandhi Nagar , Patna. For the Petitioner : M/s Patanjali Rishi and Sanjeet Kumar Singh, Advocates For the State : Mr. Adityua Natha Pandey, AC to GA 5 2 05.09.2011 Heard learned counsel for the petitioner and the State. Petitioner seeks quashing of the order dated 27.10.2010 passed by the respondent no. 3, the Deputy Collector, Land Reforms, Paliganj in Land Ceiling Case No. 39 of 2009-10 filed under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.The application for preemption was allowed by the impugned order. 2 However, it is fairly submitted on behalf of the petitioner that appeal being Land Ceiling Appeal No. 59 of 2010 has also been filed against the aforesaid order which is pending before the respondent no. 2. A copy of the memorandum of appeal has been appended as Annexure 7 to this writ application. In above view of the matter, since the petitioner has already challenged the order impugned before the appellate authority, he cannot maintain this writ application at this stage. Accordingly, this writ application is dismissed. However, the respondent no. 2 should take steps for expeditious disposal of the concerned appeal. Spd/- ( Dr. Ravi Ranjan, J.)