IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14336 of 2009 1. JAGDISH PRASAD SINGH, S/o- Late Dukh Mochan Singh, Vill- Bharamarpur, P.S.- Thana Bihpur, Dist- Bhagalpur. 2. Subas Prasad Singh, S/o- late Dukh Mochan Singh, Vill- Bharamarpur, P.S.- Thana Bihpur, District- Bhagalpur :------ Petitioners. Versus 1. THE STATE OF BIHAR 2. Secretary & Commissioner, Land Reforms & Revenue Deptt. Govt. of Bihar, Patna. 3. Collector, Bhagalpur. 4. Additional Collector, Bhagalpur. 5. Deputy Collector Land Reforms, Naugachia, Bhagalpur. 6. Circle Officer, Narayanpur, Bhagalpur. 7. Circle Officer, Bihpur, Bhagalpur. 8. Nisar Ahmad, Circle Officer, Narayanpur, Bhagalpur :--- Respondents. ----------- 2. 03.11.2009. Heard learned counsel for the petitioners and the State. 2. Petitioners are the land holders. The ceiling proceedings which was initiated against them bearing case no. 142/91-92 and concluded earlier was reopened with reference to the provisions contained in Section 45 B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the “Act”), having reopened the proceeding the unit allowed to the family was enhanced from 4 to 6 and in terms of the unit(s) enhanced Bhagalpur District Gazette dated 23rd October, 2008, Annexure-7 to this application has been published. 3. It is submitted on behalf of the petitioners as also accepted by the counsel for the State, that the earlier purcha of the surplus land issued in favour of the landless persons was cancelled by the State authorities no sooner the proceeding was reopened. Counsel for the petitioners further submitted that even after cancellation of the purcha the Circle Officer, Narayanpur, Respondent No.8 is not - 2 - restoring the possession of the petitioners over the lands, purcha in respect whereof has already been cancelled. In this connection the counsel for the petitioners further pointed out with reference to the statement made in paragraph 16 of the writ petition that Bihpur (Bhawanipur) P.S.Case No. 437 of 2008 was registered by the purcha holders and the Circle Officer, Narayanpur attempted to mislead the investigating agency to initiate criminal proceedings against the petitioners as also to submit charge-sheet but petitioners on the basis of the orders passed by the District Administration could persuade the investigating agency to submit Final Form exonerating the petitioners of the allegations made in the said case. 4. Having heard the counsel for the petitioners and the State, I direct the respondent District Administration of Bhagalpur as also the Circle Officer, Narayanpur, Bhagalpur, Respondent No.8 to ensure that the possession of the petitioners over the lands retained by them in ceiling proceedings under Section 9 of the Act, is not disturbed in the light of the order passed in the ceiling proceeding after reopening. 5. With the aforesaid direction, this writ application is disposed of. P.K.P. (V.N.Sinha,J.)