IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7962 of 2007 1. GANESH JHA 2. Mahendra Jha Both sons of late Bisheshwar Jha, resident of village-Nanaur, P.S. Andhratharhi, District-Madhubani Versus 1. THE STATE OF BIHAR 2. The Collector, Madhubani, District-Madhubani. 3. The S.D.O., Madhubani 4. Most. Gita Ojhain, wife of late Kapileshwar Jha, resident of village- Nanaur, P.S. Andhratharhi, District-Madhubani. ----------- 2. 6.2.2009 Mr. Shashi Shekhar Dwivedi, learned senior counsel for the petitioner and Mr. Ajay, learned Standing Counsel No.3(Ceiling). The petitioner raises grievances before this Court that he was allotted lands in a family partition as per the judgment and decree dated 18.2.1980 ( Annexure-5), passed by the learned Subordinate Judge, Madhubani. But inspite of the decree and clear allotment of the lands to the co-sharers, the authorities under the Bihar Land Ceiling Area and Acquisition of Surplus Land Act (herein after referred to as the ‘Act ’ ) have declared the lands of the petitioner as surplus after initiating a proceeding against respondent no.4. Learned Standing Counsel opposes the writ petition and submits that the order in terms of section 15(1) of the Act was passed way back on 6.8.1992, and perhaps the publication was made on 16.5.2005. It appears to me that the land ceiling proceeding with respect to the family has concluded. Therefore, the petitioner is left with the only remedy to approach the appropriate authority in terms of section 45B of the Act. The writ petition is accordingly disposed of. Sudip ( S. K. Katriar, J )