IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1340 of 2001 ZAFEER ALAM Versus THE STATE OF BIHAR & ORS ----------- 4. 22.8.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner is a land holder against whom a ceiling proceeding was initiated, which was closed under orders dated 30.1.1981, Annexure-3 as no surplus land was found with him. Collector, Sitamarhi under instruction dated 14.9.1992, Annexure-2 directed the District Sub-Registrar not to register the sale deed executed by various land holders including the petitioner as ceiling proceeding has again been re-opened against them. From Annexure-4 it appears that the Collector, Sitamarhi called upon the petitioner to show cause by 13.10.1992 as to why ceiling proceeding be not re- opened. In response to Annexure-4 petitioner filed his reply which is dated 21.12.1992 and is contained in Annexure-E to the counter affidavit filed on behalf of the State, which has not yet been considered by the authorities. It is thus evident from the writ application and the counter affidavit that till date no ceiling proceeding has been re-opened against the petitioner. 3. Having heard counsel for the parties, I direct - 2 - the Sub-Registrar, Sheohar to register the sale deed for 30 decimals of land which is required to be sold for arranging funds for the marriage of the grand daughter of the petitioner as also for other purposes but before registering such sale deed petitioner must record an undertaking that as and when ceiling proceeding is re- opened and if any surplus land is found with him then the said 30 decimals of land which he is proposing to transfer, shall be included in his share in terms of the provisions contained in Sub-Section(2) of Section 9 of the Bihar Land Reforms(Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. 4. Let the petitioner appear before the District Registrar, Sheohar along with a copy of this order who should obtain the necessary undertaking from the petitioner and thereafter direct the Sub-Registrar to register the sale deed in accordance with law as early as possible in any case within a period of three weeks of the appearance of the petitioner before the District Registrar, Sheohar. 5. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J.) - 3 -