IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10321 of 2008 RAJENDRA PASWAN, S/o Mathura Dusadh, Resident of Village-Mastipur, P.S. Bodh-Gaya, District- Gaya…… …………Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector, Gaya, District-Gaya 3. The Deputy Collector, Land Reforms, Gaya Sadar, Gaya. 4. The Circle Officer, Bodh-Gaya, District-Gaya 5. Shri Mahanth Sudharshan Giri, Bodh Gaya Math, Bodh-Gaya, District-Gaya. ……… ……….. Respondents. ----------- 2. 01.05.2009 Heard the counsel for the petitioner and the counsel appearing for the state. This application has been filed for quashing of the extraordinary gazette notification No. 877/888 published in the Gaya Gazette on 13.11.1995 under Section 15(i) of the Bihar Lands Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. Petitioner’s case is that by the Gazette Notification published under Section 15(i) of the Act, his land appertaining to C.S. Khata No. 2, C.S. Plot No. 298, R.S. Khata No. 440 R.S. Plot No. 528 measuring 5.98 acres of village- Mastipur has been acquired treating it as the surplus land of the land holder in connection with Land Ceiling Case No. 02/1971-02. Petitioner is claiming the land on the basis of settlement made in favour of his father by Mahanth (land holder) in the year, 1952. It has also been submitted that transaction/transfer made by Mahanth prior to 22.10.1959 cannot be made a matter of inquiry in Ceiling Proceeding. Another ground taken by the petitioner is that during entire ceiling proceeding, the petitioner was never noticed despite the fact that he is in possession of the land and his name is recognized as raiyat by the state of Bihar. Jamabandi is running in his name and he is paying rent to the state of Bihar. - 2 - Several grounds have been taken by the petitioner for quashing the Gazette Notification under Section 15(i) of the Act but considering the fact that the Ceiling Proceeding has been finalized long time back in the year, 1995. After finalization of the Ceiling Proceeding, none of the revenue authorities have been vested with power under the Act to re-open it except the power vested in the Hon’ble Minister of revenue, Land Reforms under Section 45B of the Ceiling Act. This application is being disposed of. Petitioner, if so advised, may file an application for re-opening of the Ceiling Proceeding by filing application under Section 45B of the Ceiling Act before the Hon’ble Minister, Land Reforms. In case, such an application is filed, it should be considered and disposed of in accordance with law. Counsel for the petitioner submits that despite the fact that his lands were declared surplus on the basis of Gazette Notification issued under Section 15(i) in the year, 1995, still he is in possession over the land. If this is so, till the date of filing his application before the Hon’ble Minister under Section 45B of the Ceiling Act and passing of any ad interim order in his favour, by the Hon’ble Minister, possession of the petitioner should not be disturbed over the lands, which are subject matter of this case. akv (Mridula Mishra, J.)