IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9522 of 2007 1(a). Chandrashekhar Jha, 1(b). Sujit Kumar Jha, both sons of late Gopal Chandra Jha, 1( c) . Sweta Kumari daughter of late Gopal Chandra Jha, all residents of village Morsanda, P.S. Falka, District Katihar, 1(d). Kalyani Devi daughter of late Gopal Chandra Jha, wife of Kumar Paras Jha, resident of mohalla Sipahi Tola, P.S. K. Hat, District Purnea, 2. Amarnath Jha, 3. Shambhu Nath Jha, 4. Rajkumar Jha, 5. Shankar Kumar Jha, all sons of late Hari Prasad Jha, residents of village Morsanda, P.S. Falka, District Katihar, … …Petitioners Versus 1. The State of Bihar, 2. The District Magistrate, Katihar, 3. The Sub-divisional Officer, Katihar, 4. The Circle Officer, Falka,District Katihar, 5. The Superintendent of Police, Katihar, 6. The Officer-in-charge, Falka Police Station, District Katihar, … … … Respondents For the Petitioners M/s. Subodh Kumar Jha, Anjani Kumar and Amarendra Kumar, Advocates, For the S t a t e : Mr. R.C. Thakur, SC IV(Ceiling), Mr. K. Thakur, AC to SC IV (Ceiling). ----------- 4 30.06.2009 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have filed this application for directing the respondents to restore back the possession of 2 about 6.89 acres of land of mouza Morsanda to them, which was distributed amongst the red card holders by the authorities. Shorn of unnecessary details, brief facts of the case are as follows:- Land Ceiling Case No. 343 of 1993-94 was initiated against the petitioners, who were allotted four units of Class IV lands measuring 120 acres. The matter travelled up to the Member, Board of Revenue, and the Additional Member, Board of Revenue, on consideration of the classification recorded a finding that certain lands, which were classified as Class II lands, should have been classified as Class IV. The matter was remitted back to the Collector of the District for reconsideration of the aforesaid issue. Respondent no. 2, the Collector of the District, upon reconsideration by order dated 24.12.2002 directed to cancel the red cards issued with respect to the surplus land of mouza Morsanda, measuring 6.89 acres, after cancelling the earlier notification. However, respondent no. 2 put a condition that before dispossessing the red card holders they should be provided alternative land. Only after fulfilling that condition, the possession of 3 the aforesaid land measuring 6.89 acres was to be restored back to the petitioners. The order was passed on 24.12.2002. However, when no such step was taken by the authority concerned, the petitioners preferred this writ application. This Court on earlier occasion directed the State to file counter affidavit in this regard and held that this was the duty of the respondents to comply the direction of the Collector of the District and they cannot be allowed to defer the matter compelling the petitioners to suffer. Now the State Government has filed a supplementary counter affidavit stating therein that possession of the land in question has been given back to the petitioners in presence of the witnesses and the land holders have put their signature on the report of the delivery of possession with regard to the land in question. In support of their statement, they have brought on record the District Gazette notification as annexure A/1 releasing 6.58 acres of land in question from the acquisition and also a report vide annexure C to show that possession of 6.58 acres of land has been restored back to the petitioners. Learned counsel for the petitioners does not 4 dispute this fact. In view of the aforesaid, since the grievance of the petitioners already stands redressed, no further order need be passed in this writ application, as the same has become infructuous. With the aforesaid observation, this writ application stands disposed of. SC ( Dr. Ravi Ranjan, J.)