IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4603 of 2010 HARI PRASAD GUPTA @ HARI NARAYAN GUPTA, SON OF LATE JAY GOVIND RAM GUPTA, RESIDENT OF WARD NO.1, JAYNAGAR TOWN, P.S.- JAYNAGAR, DISTRICT- MADHUBANI :--- PETITIONER . Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, BIHAR, PATNA. 2. THE ADDITIONAL MEMBER, BOARD OF REVENUE, BIHAR, PATNA. 3. THE COMMISSIONER, DARBHANGA DIVISION, DARBHANGA. 4. THE COLLECTOR, DARBHANGA. 5. THE COLLECTOR, MADHUBANI. 6. THE ADDITIONAL COLLECTOR, MADHUBANI. 7. THE CIRCLE OFFICER, JAYNAGAR, MADHUBANI :-- RESPONDENTS. ----------- FOR THE PETITIONER :- Mr. Navin Prasad singh, Advocate. Smt. Shally Kumari, Advocate. For the State :- Mr. S.C.-3(c) ==== 2. 18.03.2010. Heard learned counsel for the petitioner and the State, S.C.-3 (Ceiling). 2. Petitioner is aggrieved by the order dated 3.3.2009 passed by the Divisional Commissioner, Darbhanga in Land Ceiling Appeal No. 15/2007-08, Annexure-3, whereunder request of the petitioner to intervene in the said ceiling case has been refused on the ground of delay. He is also aggrieved by the order dated 6.8.2009 passed by the Additional Member, Board of Revenue in Case No. 05 of 2009, Annexure-9, whereunder revision application has been rejected on the ground of delay as also on merit. Petitioner is the raiyat of 5 bighas of land bearing Plot No. 55 to 69 except 57 appertaining to Khata No. 1/21 and 284 of Village- Kuadh, Pargana- Bachhour P.S. and Sub-Registry- Jaynagar in the district of Madhubani. Aforesaid land was acquired by his mother late Dhaneshwari Devi under sale-deed dated 6.4.1962/22.9.1962 from Raj Kumar Sri Jibeshwar Singh and Raj Kumar Sri Yagneshwar Singh. 3. It is submitted on behalf of the petitioner that having acquired the lands earlier his mother was in cultivating possession thereof but after her demise the lands are in cultivating possession of the petitioner and the Jamabandi of the lands in-question has also been created in favour of petitioner. It is further submitted that recently petitioner learnt that the aforesaid lands have - 2 - become subject matter of acquisition in Land Ceiling Case No. 234/1975-76 initiated against Subheshwar Singh, the brother of his two vendors Raj Kumar Sri Jibeshwar Singh and Raj Kumar Sri Yagneshwar Singh and having learnt about the aforesaid fact he attempted to intervene in the ceiling proceeding initiated against Subheshwar Singh but his request was refused by the Divisional Commissioner under orders dated 3.3.2009, Annexure-3 and by the Additional Member, Board of Revenue under orders dated 6.8.2009, Annexure-9. 4. It is submitted on behalf of the petitioner that without annulling the aforesaid sale deeds dated 6.4.1962/22.9.1962 the authorities cannot acquire the lands in-question and for annulling the sale-deeds the authorities are required to conduct an enquiry in terms of the provisions contained in Clause (1) (iii) of Section 5 of the Land Ceiling Act. 5. Counsel for the State submitted that petitioner ought to have intervened in the ceiling case which was initiated against Subheshwar Singh at the initial stage but when the matter is in appeal, this Court should be slow in directing the authorities to entertain the request of the petitioner. 6. Having heard counsel for the petitioner I regret not to accept the submission of the State-counsel as without annulling the aforesaid two sale deeds dated 6.4.1962/22.9.1962 the land which is the subject matter of the two sale-deeds cannot be acquired and in appreciation of such legal position, I direct the authorities to hear the petitioner in the ceiling proceeding initiated against Subheshwar Singh and pass appropriate orders in accordance with law but until such order is passed annulling the two sale-deeds, possession of the petitioners over the lands covered by the aforesaid two sale-deeds be not disturbed. 7. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)