IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4037 of 2001 SHEO BINDU SINGH @ SHEO BANDU SINGH & ANR. Versus THE STATE OF BIHAR & ORS ----------- For the petitioners :M/s D.K. Sinha, Sr. Advocate & A.K. Shrivastava, Advocate For the State :Mr. Ajay, S.C.3 (Ceiling) 06/ 05.9.2008 Learned counsel for the State, S.C. 3 (Ceiling) has filed counter affidavit on behalf of the Respondents 1 to 4, which is taken on record. 2. Heard learned counsel for the petitioners and the State. 3. Petitioners are aggrieved by the notice dated 18.1.2000, Annexure-1, whereunder they have been asked to cooperate in handing over the possession of the lands in question as those lands have been acquired in connection with a ceiling proceeding initiated against the North Bihar Sugar Mills, Bagha, the vendor of the petitioners. 4. It is submitted on behalf of the petitioners that they have individually purchased 3 acres and 32 decimals of lands under registered sale deed dated 12.7.1968, as contained in Annexures-2 and 2/A to this writ application from the North Bihar Sugar Mills, Bagha under sale deed executed by their authorized representative. On the basis of the said sale deed, petitioners were also put in possession of the lands in question and thereafter mutated in the records of the State by initiating mutation proceeding in the year 1969-70, which would be 2 evident from the order sheet of Mutation Case Nos. 2 of 1969- 70 and 4 of 1969-70, Annexures-3 series. It is further submitted on behalf of the petitioners that after receipt of notice dated 18.1.2000, Annexure-1, they made enquiry and found out that the subject matter of the aforesaid two sale deeds dated 12.7.1968, Annexures-2 and 2/A have been acquired in connection with a ceiling proceeding initiated against the said Sugar Mills, but petitioners were never served with any notice for appearing in the ceiling proceeding and till date the sale deeds in question have not been annulled after hearing them. 5. Aforesaid submission made on behalf of the petitioners has not been controverted in the counter affidavit. In the circumstances, I quash the notice dated 18.1.2000, Annexure-1 to this application and direct the petitioners to appear before the Collector, West Champaran on 15.10.2008 and file his objection that they have never been heard and the sale deeds dated 12.7.1968 executed in their favour have not been annulled and until the sale deeds are annulled, the lands cannot be acquired. The learned Collector, West Champaran after hearing the parties, if satisfied that the sale deeds dated 12.7.1968 are not sham transaction then shall proceed to allot the lands in question in the share of the transferor, North Bihar Sugar Mills, Bagha, as is required in terms of the provisions contained in Sub-section (2) of Section 9 of the Bihar Land 3 Reforms ( Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. 6. Until the appearance of the petitioners before the learned Collector, West Champaran, no coercive steps shall be taken against them and for granting them protection during the period of consideration of their objection, petitioners shall be at liberty to request the Collector to pass appropriate stay order. 7. This writ application is, accordingly, allowed to the extent indicated above. Arjun/ (V.N. Sinha, J.)