IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7961 of 2008 1. MD.MASUD , minor son of Amjad Ali 2. Md. Mursalim, minor son of Amjad Ali 3. Md. Samim, minor son of Amjad Ali, all minors Through their natural guardian and father Amjad Ali 4. Md. Ijabul Haque, son of Late Md. Musa 5. Md. Ikramul Haque, son of Late Md. Musa 6. Md. Bishu @ Md. Ataboor Rahman, son of Late Md. Musa All resident of village-Khokha, P.O.- Khokha, P.S. K. Nagar, District-Purnea …………….Petitioners. Versus 1. THE STATE OF BIHAR 2. The Commissioner, Purnea Division, Purnea. 3. The Additional Collector, (Land Ceiling) Purnea 4. The Deputy Collector, Land Reforms Sadar (Land Ceiling), Purnea. 5. Md. Safique 6. Md. Budhdhu 7. Md. Rafique 8. Md. Sabbir Alam All Nos. 4 to 6 are sons of Late Sk. Irfan 9. Mossamat Kanzia, wife of Late Sk. Irfan 10. Bibi Samsun Nisha, wife of Md. Rafique 11. Bibi Asgari, wife of Md. Rakib 12. Bibi Anwari Khatoon, wife of Md. Azam 13. Bibi Anjum wife of Md. Mobin 14. Md. Idrish, son of Late Sk. Sansul All from 5 to 14 are residents of village-Diwiya, P.S.-Kasba, District-Purnea 15. Bibi Sakhina Khatoon, wife of Abdul Kadir 16. Md. Nuhu, son of Zulmat Ali 17. Bibi Maimum Nisha, wife of Md. Yusuf 18. Md. Jalal, son of Md. Arsad Ali All Nos. 15 to 18 are residents of village-Khokha New Tola, P.O. Khokha, P.S. K. Nagar, District-Purnea ………………………………….Respondents. ----------- 2. 23.04.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioners have prayed for quashing of the order - 2 - dated 18.06.2007 passed by Additional Collector, Land Ceiling, Purnea in Ceiling Appeal No. 13/02 and the order dated 27.6.2002 passed by the Deputy Collector, Land Reforms, Sadar (Land Ceiling), Purnea in Area Ceiling Case No. 13 of 2002/5 of 2000-01. By the impugned orders, application for pre-emption filed under Section 16(3) of the Ceiling Act has been rejected. Petitioners have not preferred revision either before the Commissioner of the division under the amended provisions or before the Member, Board of Revenue under Section 32 of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961. Earlier there was a provision for preferring revision against the order passed by the Deputy Collector and Additional Collector u/s 16(3) of the Act as provided u/S 32 of the Act. This provision has been amended by Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 2006. By the Notification dated 04.05.2006 by this amendment, sub-section 3 of section 16 of the Act has been amended and the revision against the order passed by the Collector or the Additional Collector u/S 16(3) of the Act will now lie before the Divisional Commissioner. Counsel for the petitioner submits that though the application for revision was drafted by the petitioner’s counsel, but it was not presented before the Commissioner of Purnea Division as in the similar matter, when a revision was preferred - 3 - before the Commissioner , Purnea division vide Area Ceiling Revision No. 15/07-08, it was rejected by order dated 08.08.2007 (Annexure-7). Having this experience, the petitioner could not gather courage to prefer any Ceiling Revision before the Commissioner and directing he moved before this court by filing writ application. Considering the fact that the constitutional remedy is available to the petitioner u/S 16(3) under the amended provisions of Section 16(3) read with section 32 of the Act , it is proper for the petitioner to exhaust statutory remedy by filing revision application before the Commissioner of Purnea division against the impugned orders. In case revision application is preferred by the petitioner before the Commissioner, Purnea division within 30 days from today, the revision application should be treated as filed within the period of limitation and be entertained for its disposal in accordance with law. This application is disposed of. akv (Mridula Mishra, J.)