IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6978 of 2010 1. SEIKH BAGAR @ BAGAR S/O LATE SEIKH MUSHA R/O VILL.- MAHADAWA, P.S. GOPALPUR, DISTT.- WEST CHAMPARAN 2. MD. KALIM @ MD. SEIKH KALIM S/O SEIKH RAHMAN R/O VILL.- MAHADAWA, P.S. GOPALPUR, DISTT.- WEST CHAMPARAN 3. MD. MUSTAFA S/O SEIKH SALIM R/O VILL.- BAHERA, P.S. SHIKETA, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, WEST CHAMPARAN AT BETTIAH 3. THE ADDITIONAL COLLECTOR (CEILING), WEST CHAMPARAN AT BETTIAH 4. THE ANCHAL ADHIKARI, SIKTA, AT & P.O. SIKTA, DISTT.- WEST CHAMPARAN AT BETTIAH 5. SMT. REKHA DEVI W/O LATE JIWESHWAR JHA R/O VILL.- TURHAPATTI, TOLA- BARHARWA, P.S. AND ANCHAL- CHANPATIA, DISTT.- WEST CHAMPARAN ----------- For the petitioners : M/S Uma Kant Shukla & Shakti Suman Kumar, Advocates. For the State : Mr. O.P. Upadhyay, S.C.-2 (Ceiling) ===== 02. 30.04.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners have purchased 3 Katha each in Plot No. 507 appertaining to Khata No. 82 of Village- Mahadawa, Circle- Sikta, District- West Champaran from Md. Sirazul, Tilak Paswan and Most. Mangari, wife of Prasad Hazra vide sale-deed dated 26.5.1981, 15.07.2004 and 30.12.1980. Having purchased the lands they were mutated also and rent receipts are contained in Annexure-3 to this application. Aforesaid Md. Sirazul and Tilak Paswan had purchased the lands in-question from Most. Mangari vide sale-deed dated 30.12.1980. The lands in-question is the Khatiyani land of Jeeweshwar Jha who sold the same to Prasad Hazra under sale-deed dated 4.4.1962. 3. It is submitted on behalf of the petitioners that ignoring the aforesaid transaction the lands in-question has been acquired in the ceiling case initiated against Jeeweshwar Jha vide Land Ceiling Case No. 30/75-76 in which after the death of Jeeweshwar Jha, Rekha Devi, his wife has been substituted and such fact would appear from the order dated 3.5.2008, Annexure-4 passed by the Additional Collector, West Champaran and the Gazette notification dated 15.7.2008, Annexure-7. Learned counsel for the petitioners submitted that the - 2 - lands in-question could not have been acquired in the ceiling case initiated against Jeeweshwar Jha and his wife Most. Rekha Devi without annulling the sale-deed dated 4.4.1962 executed by Jeeweshwar Jha in favour of Prasad Hazra and the lands should have been included within the unit granted to Jeeweshwar Jha and Most. Rekha Devi. Petitioners had no occasion to appear in the ceiling case initiated against Jeeweshwar Jha and Rekha Devi as they were never noticed to appear in the said proceeding. After the publication of the notification dated 15.7.2008, Annexure-7 petitioners have learnt that their 3 Katha each has been acquired as surplus land of Jeeweshwar Jha and Most. Rekha Devi ignoring the transactions noted above. 5. Having heard learned counsel for the petitioners and the State I direct the petitioners to challenge the order dated 03.05.2008, Annexure-4 and notification dated 15.7.2008 , Annexure-7 before the Board of Revenue on the ground that the lands of the petitioner measuring 3 Katha each could not have been acquired in the ceiling case initiated against Jeeweshwar Jha and his wife Most. Rekha Devi without annulling the sale-deed executed in favour of Prasad Hazra dated 4.4.1962 and the subsequent sale-deeds executed by Most. Mangari in favour of Md. Sirazul, Tilak Paswan and Md. Mustafa, Petitioner No. 3 on 30.12.1980 and the sale-deeds in favour of Petitioner Nos. 2 and 1 executed by Md. Sirazul and Tilak Paswan on 26.5.1981 and 15.7.2004. It is also open for the petitioners to approach the Board of Revenue to grant interim protection during the pendency of the revision application. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)