IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7875 of 2009 KRISHNA KUMAR GIRI, BARI NATH, GYASPUR ANCHAL, SISWAN, SIWAN Versus 1. THE STATE OF BIHAR 2. REVENUE MINISTER, BIHAR 3. THE COLLECTOR, SISWAN 4. THE D.C.L.R., SIWAN 5. THE ANCHAL ADHIKARI, SIWAN ----------- 3 15.10.2009. Heard learned counsel for the parties. The petitioner is aggrieved by order dated 22.6.2009, passed by the Revenue Minister, Bihar contained in annexure 7, by which he has dismissed the application for reopening the Land Ceiling Case no. 94/73- 74 under section 45(B) of the Bihar Land Ceiling (Fixation of Ceiling Area and Acquisition of Land) Act, 1961 (in short the Act). The petitioner states that notification under section 15(1) of the Act was made on 1.9.1995. His mother had filed an application on 5.2.1992 making her option under section 9 of the Act. The aforesaid application is contained in annexure- 2. The petitioner submits that he is limiting his prayer only in respect of Khata no. 543 plot no. 3076, 3783, 3084 & 3094 of village Gyaspur which is still in his possession and contains residential building. Counsel for the State submits that the Land Ceiling case no. 94/1973-74 was started 35 years ago. The - 2 - petitioner has been allowed units to which he is entitled. He further submits that after notification under section 15(1) of the Act, land in question has been distributed amongst the people of different villages. After hearing learned counsel for the parties, this Court observes that if the petitioner files an application before the Collector, he would have an enquiry whether plot numbers 3076,3783, 3084 & 3085 of village Gyaspur is in possession of petitioner or not. The enquiry should be completed preferably within three months from the date of receipt/production of a copy of this order. If enquiry reveals that petitioner is still in possession, it will be open for him to approach the Government under section 45B of the Act stating therein that he is willing to opt out equivalent land in lieu of aforesaid plots of village Gyaspur referred above. The writ petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J.)