IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10901 of 2008 1. SHEO DUTT MAHTO, Son of Late Gopal Mahto, resident of Village- Dhamaura, P.O.- Jamunia, P.S.- Subhadra, District- West Champaran. 2. Jangali Mahto, Son of Late Tulsi Mahto, resident of Village- Dhamaura, P.S.- Subhadra, District- West Champaran. 3. Ramji Mahto, Son of Late Bhajan Mahto 4. Satya Narayan Mahto, son of Late Buchun Mahto, 5. Chamari Mahto, son of Late Rati Mahto, 6. Chanda Mahto, son of Late Nathuni Mahto, 7. Binda Mahto, son of Late Birbal Mahto, 8. Raj Narayan Panjiar, Son of Late Sanichar Panjiar. 9. Most. Sarswati Devi, wife of Late Prem Panjiar. 10. Chokat Mahto, son of Late Dhiani Mahto. 11. Grahan Mahto, Son of Late Nathuni Mahto. 12. Brijesh Mahto, son of Late Bansi Mahto. 13. Palat Mahto, son of Late Dhonrha Mahto. 14. Kanhaiya Mahto, Son of Late Tulsi Mahto. 15. Hari Mahto, Son of Late Tuar Mahto. 16. Bhajan Mahto, son of Late Jiut Mahto. 17. Rameshwar Manjhi, Son of Late Nathuni Manjhi. 18. Jhagru Manjhi, son of Late Sahdeo Manjhi. 19. Most. Basmati Wife of Late Somal Mahto 20. Budhan Manjhi, son of Late Jatan Manjhi. 21. Tut Mahto, son of Late Bhajan Mahto. 22. Bhuneshwar Mahto, son of Late Brahmdeo Mahto, 23. Subh Narain Mahto, son of Late Dukhi Mahto. 24. Dinanath Prasad, son of Late Pasupati Mahto. All resident of Village- Dhamaura, P.S.- Subhadra, District- West Champaran. 25. Biga Mahto, son of Late Palat Mahto, resident of Village- Parsauni, P.O.- Jamunian, P.S.- Subhadra, District- West Champaran. 26. Pahun Mahto, son of Late Mahajar Mahto, resident of Village- Parsauni, P.S.- Subhadra, District- West Champaran. 27. Hira Ram, Son of Late Bhadai Ram, resident of Village- Dhamaura, P.O.- Jamunian, P.S.- Subhadra, District- West Champaran. 28. Sahdeo Mahto, son of Late Anup Mahto, resident of Village- Bhatani, P.O.- Jamunia, P.S.- Subhadra, District- West Champaran :------- Petitioners. Versus 1. THE STATE OF BIHAR 2. District Magistrate-cum-Collector, West Champaran, Bettiah. 3. Additional Collector, West Champaran, Bettiah. 4. Deputy Collector Land Reforms, West Champaran, Bettiah. 5. Circle Officer, Gounaha Anchal, District- West Champaran, Bettiah. 6. Smt. Jayanti Sah, wife of Late Narayan Veer, Vikram Sah resident of Village- Murla Ramnagar, P.S.- Ramnagar, District- West Champaran :----- Respondents. ----------- 5. 06.11.2009. Heard learned counsel for the petitioners, State and the counsel for - 2 - private Respondent No.6. 2. Matter has been put up for consideration of I.A.No. 3799 of 2009 but while considering the prayer made in the said Interlocutory Application, with consent of the parties, this writ petition is heard and disposed of by passing following orders. 3. Petitioners proclaim themselves to be the landless persons of the area and were settled with the lands acquired in terms of the ceiling proceedings in connection with Ceiling Case No. 45 of 86-87/87-88. The Purcha issued in favour of the petitioners are contained in Annexure-1 series. It is submitted on behalf of the petitioners that having been given the Purchas the petitioners were put in possession of the lands-in-question and mutated in the records of the State of Bihar. Recently, private Respondent No. 6 began to create trouble over the lands in-question and attempted to disturb their possession, petitioners approached this Court by filing the instant writ case and this Court under orders dated 18.11.2008 noticed Respondent no.6 as also restrained her from disturbing the possession of the petitioners. In response to the notice issued by this Court Respondent No.6 has appeared through counsel and has filed counter affidavit which is already on record and with reference to the statements made in the counter affidavit counsel for Respondent No.6 states that the lands which are the subject matter of Purcha, Annexure-1 series are still subject matter of a ceiling proceeding pursuant to the remand order passed by the Board of Revenue and till date after the remand order passed by the Board of Revenue no Gazette notification in terms of Section 15(1) of the Ceiling Act acquiring the lands in-question (The subject matter of the Purcha) has been published. 4. Counsel for the petitioner in rejoinder submits that the subject matter of purcha, Annexure-1 was not the subject matter of the revision case before the Board of Revenue as also the remand order made by the Board. - 3 - 5. Having heard the counsel for the petitioners and the private Respondent No.6, I direct the petitioners and Respondent No.6 to appear before the Collector of the district on 16th November, 2009 who should call for the connected records and examine the contents of the Purcha, Annexure-1 series and if the lands covered by the Purcha, Annexure-1 series are the subject matter of the remand order passed by the Board of Revenue and there has been no Gazette publication under Section 15(1) of the Act acquiring the lands after the remand order was made by the Board of Revenue then the Collector shall ensure that the possession of Respondent No.6 over the said land is not disturbed. In case the Collector finds that the subject matter of the Purcha was never the subject matter of any revision case before the Board of Revenue then he shall ensure that the possession of the petitioners over the subject matter of Purcha is not disturbed. Until final order is made by the Collector it shall be open for him to pass interim order restraining either the petitioners or private Respondent No.6 from going over the lands in view of the status of the parties, as would appear from the records of the connected ceiling proceeding. The ceiling proceeding should also be disposed of as early as possible in any case within a reasonable time. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)