IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12756 of 2008 RADHA KANT TIWARY & ORS Versus THE STATE OF BIHAR & ORS ----------- 02/ 29.8.2008 Heard learned counsel for the petitioners and the learned counsel for the State, S.C. 3 (Ceiling). 2. Petitioners are the land holders. Raiyati lands allotted to them in terms of judgment/ decree passed in a partition suit became the subject matter of a ceiling proceeding initiated against another land holder under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act), but in the said proceeding, petitioners were not noticed. Accordingly, they moved this Court in CWJC No. 948 of 1997, which was disposed of under orders dated 3.4.1997, as contained in Annexure-1 to this application, directing the petitioners to approach the Collector of the District invoking his powers under Section 45B of the Act. In compliance of the said direction, petitioners approached the Collector of the District and filed Revenue Misc. Case No. 56 of 1997-98 requesting him to reopen the matter and consider their claim that they have no surplus land and pass appropriate order releasing the lands. 3. It is submitted on behalf of the petitioners that the Revenue Misc. Case No. 56 of 1997-98 was taken up for admission on few dates, but thereafter the aforesaid Misc. 2 case was not taken up for consideration in the light of the earlier information received from the Deputy Secretary of the Revenue and Land Reforms Department contained in Memo. No. 1366 dated 27.9.1995 that the powers under Section 45B of the Act has since been withdrawn from the Collector of the District and is vested with the Government. It is further submitted on behalf of the petitioners that till date Revenue Misc. No. 56 of 1997-98 has not been disposed of, but the lands of the petitioners have been acquired in terms of Section 15(1) of the Act by publishing District Gazette, bearing No. 1148 dated 4.6.2008, Annexure-2. 4. In the background of the aforesaid facts, it is submitted that as the Revenue Misc. Case No. 56 of 1997-98 is still pending with the Collector of the District, petitioners are not in a position to invoke the jurisdiction of the State Government under Section 45B of the Act. 5. Having heard learned counsel for the petitioners and the learned counsel for the State, I direct the Collector to dispose of the Revenue Misc. Case No. 56 of 1997-98, if not already disposed of, as early as possible in any case within two weeks from the date of production of a certified copy of this order, which the petitioners are directed to produce on 8.9.2008 and until disposal of the Revenue Misc. case, no coercive steps be taken against them and status quo as existing today be maintained. In the event Revenue Misc. 3 Case No. 56 of 1997-98 is already disposed of then the certified copy of the order disposing of the said Revenue Misc. case be handed over to the petitioners on payment of the requisite fee for the same. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)