IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15094 of 2008 1.KAILASH YADAV S/o Late Sukhlal Yadav 2.Harilal Yadav son of Bhikhari yadav 3.Dhanlal Yadav, son of Late Mishri Yadav 4.Jilebi Devi wife of Bhikhari Yadav 5.Nagina Yadav, son of Jamadar Yadav 6.Ram Dhani Yadav son of Bangali Yadav 7.Jamadar Yadav son of Bangali Yadav 8.Amar Sharma son of Brahma Sharma 9.Dudh Nath Sharma son of Brahma Sharma 10.Hakim Sah son of Manager Sah 11.Praabhu Mukhia son of Manager Mukhia 12.Dhrub Mukhia son of Jang Bahadur Mukhia 13.Shambhu Mukhia son of Ram Surat Mukhia 14.Swami Nath Mukhia son of Sunarpati 15.Nand Prasad Sah son of Narayan Sah 16.Shankar Yadav son of Narain Yadav 17.Kailash Yadav son of Mukhlal Yadav 18.Ram ugar Yadav son of Narayan Yadav 19.Ambika Yadav son of Late Deo Nandan Yadav 20.Jodha Yadav son of Late Mukhlal Yadav 21.Birchha Yadav son of Late Mahendra Yadav 22.Sawarath Mukhia son of Narayan Mukhia. 23.Rama Nand Yadav son of Bhikhari Yadav, all resident of Village Golaghar P.S.Yogapatti District West Champaran. Versus 1.THE STATE OF BIHAR 2.The Collector,West Champaran,Bettiah 3.The Additional Collector (Ceiling),West Champaran,Bettiah. 4.Suresh Prasad Tiwary son of late Madan Tiwary 5.Chandra Mohan Tiwary son of Late Chhuni Prasad Tiwapry. 6.Radha Kant Tiwary son of Late Gopal Tiwary. 7.Kailash Tiwary son of Late Gopal Tiwary 8.Munna Tiwary son of Late Navratna Prasad Tiwary 9.Kashi Nath Tiwary son of Late Suraj Tiwary all residents of village Kurwa Mathiya P.S.Chanpatia District West Champaran. ----------- 2 23.4.2009. Heard counsel for the petitioners and the counsel for the State. There are 23 petitioners who have common grievance regarding declaration of their purchased lands as surplus of the land holders in Land Ceiling case no.17 of 1974-75. Petitioners had purchased different areas of lands from Late Bhirgun Prasad Tiwary in between 1977-81. Land Ceiling case no.17 of 1974-75 was 2 initiated against Bhirgun Prasad Tiwary with respect to approximately 202.25 acres of land. Petitioners grievance is that during ceiling proceeding at no point of time they were noticed. No enquiry was conducted with respect to their sale dees as such the sale deeds were neither allowed nor annulled or any consideration was made with respect to their sale deeds. On 29.12.1986 finally at the stage of draft publication under Section 10, 81 acres of land was allowed to the land holder for retaining in his unit and rest 121.25 acres were declared as surplus. Surplus lands also included lands purchased by the petitioners through registered sale deeds. Petitioner when came to know about the ceiling proceeding and declaring of their land as surplus of the land holders, they intervened before the Additional Collector, Ceiling West Champaran, Bettiah in Land Ceiling Case no.17 of 1974-85 by filing their objections. Objections filed by petitioners were rejected by the Additional Collector vide order dated 19.3.2008. Ceiling Appeala No.RA-01/2008-09 preferred by the petitioners for setting aside the order passed by the Additional Collector, Ceiling West Champaran was also rejected by the Collector vide order dated 25.8.2008 on the ground that the gazette notification under Section 11(1) has already been published on 4.6.2008, whereas petitioners preferred appeals on 17.6.2008. It seems that another person who was also aggrieved on account of clubbing of his land in Ceiling case no.17 of 1974-75 has moved before the High Court by filing C.W.J.C.No.948 of 1997 3 which was disposed of vide order dated 3.4.1997 with an observation that the petitioners should file an application under Section 45(B) of the Act before the Collector of the district. The Collector of the district was also directed to take immediate steps, so far his dispossession was concerned. In pursuance of the High Courts order an application under Section 45(B) of the Act was filed giving rise to R.A.Case no.56 of 1997-98 which is still pending before the Collector. Petitioners have approached this court when notification under Section 15 of the Bihar Land Reforms Act has already been published and lands of petitioners declared as surplus of the land holder has been distributed to the land less persons in different settlement cases. It will be proper that the petitioners should also file their applications before the Collector and join as intervenor in R.A. case no.56 of 1997- 98. Petitioners case should be considered by the Collector, West Champaran and decided in accordance with law. The Collector while deciding application under Section 45(B) of the Act will take into consideration that the land holders had transferred lands to the petitioners by executing registered sale deeds for valuable consideration without seeking permission from the appropriate authority having full knowledge that ceiling case has already been initiated against him. In this situation the purchaser should not be allowed to suffer rather the land holder be asked to retain and opt for such transferred lands in his ceiling unit by exercising option under Section 9(2) of the Act. The land holder in these circumstances should be directed to opt for transferred land in his ceiling unit on deciding 4 the case on merit. Petitioner’s possession should also be restored in accordance with law. 45(B) matter pending before the Collector since 1997, be finally decided within six months from today. With the aforesaid directions/observations this application is disposed of. Sss/- (Mridula Mishra, J)