IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10926 of 2005 SAROJANI DEVI, W/O- KRISHNADEO PODDAR, R/O- VILLAGE LAUWA LAGAN, P.S.- CHOUSA, DISTRICT-MADHEPURA Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, PURNIA 3. THE ADDITIONAL COLLECTOR, LAND CEILING PURNIA 4. THE SUB-DIVISIONAL OFFICER, UDA-KISHANGANJ, DISTT- MADHEPURA 5. THE DEPUTY COLLECTOR LAND REFORMS AT UDA KISHANGANJ WITHIN THE DISTRICT OF MADHEPURA. 6. THE CIRCLE OFFICER, CHOUSA WITHIN THE DISTRICT OF MADHEPURA 7. THE JATASHANKAR PRASAD BHAGAT, S/O- LATE CHANDRA SHEKHAR PD. SINGH, @ CHANDRA SHEKHAR PRASAD 8. SHYAM SHANKAR PD. BHAGAT, S/O- LATE CHANDRA SHEKHAR PRASAD @ CHANDRA SHEKHAR PRASAD 9. RAM PRASAD BHAGAT, S/O- LATE GANESH RAM BHAGAT 10. JAI SHANKAR PRASAD SON OF LATE RAM SEWAR PRASAD, SL. NOS. 7 TO 10 ARE R/O- VILLAGE NAUGACHHIA, P.S.- NAUGACHHIA, DISTT- BHAGALPUR. For the petitioner : Mr. Arun Prasad Ambastha, Advocate. For the State : Mrs. Kumari Amrita, S.C. ----------- 4 15.04.2011 Heard both sides. 2. Petitioner has approached this Court questioning the sustainability of the notification No. 3058 dated 26.10.2004 issued under Section 15 (1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 published in the Purnia District Gazette on 27.10.2004 (Annexure-4) insofar as it relates to the land claimed by the petitioner. 3. Background facts leading to the present proceeding are as under:- The lands in question pertains to C.S. Khata No. 659, C.S. Plot No. 653 (part) corresponding to R.S. Khata No. 2 1423 and R.S. Plot No. 1915(part) and 1916 (part) measuring an area of 17 katha 8 dhurs (hereinafter to be referred as “the subject land”) situated in mauza Lauwa Lagan, P.S. and Aanchal- Chousa, District- Madhepura. The petitioner has stated as under in paragraphs 6 and 7: “6. That the lands in question originally belonged to Bhodu Mandal, Kokai Mandal and Rama Mandal, Dhuri Mandal and Laljee Mandal of village Lauwa Lagan P.S.- Chausa District- Madhepura and during the Cadestral Survey Operation, they were accordingly recorded in their names and during the revisional Survey which became final in 1976-77 the lands were recorded in the names of Hari Singh, Mohan Singh, Suresh Singh all grand sons of Late Dhuri Mandal and Manchu Singh son of Late Dhuri Mandal @ Dhuri Singh. 7. That the petitioner is the Purchaser of the lands in question from the recorded raiyats and their heirs by two registered deeds of Sale dated 14.7.98 and 22.7.98 and she was put in possession of the lands in question. She has been continuing in possession as such. “ 4. It thus appears that the petitioner claims purchase of the subject land by two registered sale deeds dated 14.7.1998 and 22.7.1998 (Annexure-2 and 2/1) from these persons against whom no ceiling case was initiated. It is averred in paragraph 8 of the writ petitioner that the petitioner got her name mutated in the Revenue Records of the State and is paying rent against the rent receipts. To her utter surprise, she found that the aforesaid land has been incorporated in the notification under Section 15 (1) of the Act and declared surplus land in the hands of one Sri 3 Chandrashekhar Prasad Singh, s/o- Late Ganesh Ram Bhagat, r/o- Naugachia in the district of Bhagalpur against whom land ceiling proceeding was initiated. The petitioner thus rushed to this Court seeking deletion of the subject land from the aforesaid land ceiling proceeding which culminated into publication of notification under Section 15 (1) of the Act. 5. By order dated 20.9.2005, this Court having noticed the said grievance of the petitioner, granted time to the State Counsel for filing counter affidavit and in the meanwhile, the authorities were restrained from forcibly dispossessing the writ petitioner from the subject land. 6. No counter affidavit on behalf of the State has been filed. 7. Having heard the parties and after going through the pleadings on record, this Court is inclined to dispose of the present application by the following order: (i) Let the petitioner approach the respondent Collector, Purnea and make a detailed representation supported by all relevant documents as also a copy of the present order within four weeks from today. If any such application is filed in the manner indicated hereinabove, the respondent Collector shall consider the said application and make appropriate/necessary inquiries relating thereto 4 and thereafter dispose of the same in accordance with law. If the respondent Collector after making such inquiry finds that the transfers effected in favour of the petitioner are genuine and the subject land did not belong to the land holder or anyone of his family then the said respondent shall direct exclusion/deletion of the subject land by issuing an appropriate notification de-notifying the aforesaid land from the land ceiling proceeding and to that extent the notification issued under Section 15 (1) of the Act (Annexure- 4) shall stand modified. (ii) Till the filing of the application before the respondent Collector, no coercive action shall be taken against the petitioner. Petitioner shall, thereafter, be at liberty to pray for interim relief before the said respondent. It is expected that the respondent Collector shall conclude the inquiry and dispose of the matter within three months of its filing. pkj ( Kishore K. Mandal, J)