IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13182 of 2006 DHANIK LAL MANDAL & ORS Versus THE STATE OF BIHAR & ORS WITH CWJC No.15263 of 2006 UPENDRA YADAV & ORS Versus THE STATE OF BIHAR & ORS ----------- 3. 11.8.2008 Heard learned counsel for the petitioners and the Counsel for the State (SC-1 Ceiling). 2. Petitioners are the purchasers from the original land holder Yadunandan Prasad Singh or his transferees. Ignoring the transfers made in favour of the petitioners by registered sale deed(s) executed prior to 22.10.1959 as also by sale deeds executed thereafter the lands in question have been acquired in terms of Section 15(1) of the Bihar Land Reforms(Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961(hereinafter referred to as “the Act”). Petitioners were noticed during the ceiling proceeding and they have filed their objections but without considering the same and passing any order on the objections filed by them, the lands were acquired and included in the gazette notification published under Section 15(1) of the Act. When the petitioners learnt about such acquisition through publication made in the gazette they filed petition requesting the Collector to re-open the ceiling proceeding in which their lands were acquired. In the two writ applications averment has been made that request to re-open the ceiling proceeding was never considered by the authorities. - 2 - 3. Counsel for the State with reference to the instructions dated 15.2.2007 received from the Collector, Purnia under letter No. 499 dated 23.2.2007 issued under the signatures of the Deputy Collector, Incharge, Legal Section states that the lands in question were acquired after conclusion of the ceiling case No. 90/1973- 74/32/1983-1984, which was initiated against Shri Yadunandan Prasad Singh, the original land holder. Petitioners’ request to re-open the proceedings under Section 45B of the Act was also considered in different miscellaneous cases and was rejected by the Collector, Purnia. In the instructions of the Collector, Purnia dated 15.2.2007 there is no reference of either the miscellaneous case number(s) or the date on which the miscellaneous cases were disposed of. In the circumstances, these two writ applications are disposed of with direction to the petitioners to appear before the Collector, Purnia with a certified copy of this order whereafter the Collector, Purnia should ensure that the order refusing to re-open the case under Section 45B of the Act at the instance of the petitioners is supplied to the petitioners and thereafter the petitioners shall be at liberty to assail those orders in accordance with law. Rajesh/ (V.N.Sinha,J.)