IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6467 of 2002 ABDUL QADIR HASRAT, S/O- LATE MAULVI SHAH MOHD, R/O- MOHALLA-KALIBAGH, P.S.- BETTIAH TOWN, DISTRICT – WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, WEST CHAMPARAN, BETTIAH 3. THE ADDITIONAL COLLECTOR, CEILING, WEST CHAMPARAN, BETTIAH 4. THE ANCHAL ADHIKARI, GAUNAHA, DISTRICT - WEST CHAMPARAN ----------- 7. 10.02.2009 Heard learned counsel for the petitioner and Mr. Ajay, Standing Counsel (Ceiling) on behalf of the State. Petitioner is aggrieved by notification dated 10.05.1994 (Annexure-4) wherein the respondent no. 2 in exercise of the power under Section 15(1) read with Notification No. 5089 dated 17.06.1981 of the Revenue Land Reforms Department, issued the notification acquiring the land detailed in the said notification including the land appertaining to Khata No. 27 Khesra no. 64 and 68 of Village Hardi, Shah Jahanpur in the district of West Champaran. Learned counsel for the petitioner submits that on perusal of the order dated 21.03.1983 passed in Land Ceiling Case No. 31/73- 74 as contained in Annexure-3, the Collector under the Act considering the objection of the petitioner has separated these plots under the aforesaid Land Ceiling Case No. 31/73-74 and as such, there is no justification in law for issue of final publication with respect to the aforesaid land of the petitioner and for impunged - 2 - notification dated 10.05.1994 as contained in Annexure-4 acquiring the aforesaid land. As such, the said notification with respect to the aforesaid land of the petitioner deserves to be quashed. Learned counsel for the State submits that petitioner has filed the writ application without exhausting the remedy provided under the Bihar Land Reforms ( Fixation of Ceiling Area and Acquisition of all Surplus Land) Act and Rules. In this view of the matter, petitioner is permitted to file a representation before the Collector of the district within a period of six weeks alongwith the certified copy of the present order as well as the relevant documents in support of such claim. The representation shall be disposed of expeditiously, preferably with in a period of six weeks on receipt of such representation by a reasoned order in accordance with law after giving an opportunity of hearing to the petitioner. Till disposal of the representation the status quo with regard to the land claimed by the petitioner appertaining to Khata No. 27 Khesra Nos. 64 and 68 of Village Hardi, Shah Jahanpur in the district of West Champaran, shall be maintained. The writ application is accordingly, disposed of with the above observations/directions. Jagdish/- (Shailesh Kumar Sinha,J)