IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14983 of 2010 KAILASH DAS S/O (CHELA) RASBIHARI DAS R/O KANDOPUR (THAKURBARI), P.S.GIRIYAK THE DISTRICT OF NALANDA --- Petitioner Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE CUM COLLECTOR NALANDA 3. THE DEPUTY COLLECTOR NALANDA 4. THE SUB DIVISIONAL MAGISTRATE BIHARSHARIF, NALANDA 5. THE CHAIRMAN, BIHAR STATE RELIGIOUS TRUST BOARD VIDYAPATI MARG, PATNA 6. THE LAND ACQUISITION OFFICER NALANDA --- Respondents. ----------- 07. 22.12.2010 Petitioner, claiming himself to be the Chela of Mahanth Rasbihari Das, has approached this Court seeking a direction upon the respondents to pay adequate compensation with respect to agricultural land of the Thakurbari located in the District of Nalanda which stood acquired. It appears that pursuant to the land ceiling proceeding initiated against the Thakurbari certain lands belonging to the said Thakurbari were declared surplus and acquired in terms of the provision of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 ( hereinafter referred to as the Act). A further prayer has been made to direct the authorities to allow him to opt under Section 9 of the said Act for retaining land within the unit allotted to the Thakurbari. Mahanth Sheetal Das had also approached this Court in C.W.J.C. No. 13027 of 1993. A Bench of this Court by order dated 12.12.1994, disposed of the matter in the following terms:- “…. Having noticed the facts and circumstances of the case, there appears no dispute that the petitioners have been allowed to retain one 2 unit. Therefore, under Section 9 of the Act, the petitioners are certainly entitled to exercise option, showing their intention to retain a particular piece of land for inclusion in their unit. We, accordingly, direct the Collector to allow the petitioners to exercise option under Section 9 of the Act to retain particular lands in their unit. Only after completion of the aforesaid formalities, other steps for allotment of land to the Sataidars shall be taken with respect to such lands which shall now remain surplus.” Learned counsel for the petitioner submits that a notice was issued by the respondent Deputy Collector, Nalanda to aforesaid Mahanth Rasbihari Das on 20.03.2008 (Annexure- 5), calling upon the Mahanth to produce relevant papers/documents enabling the authority to proceed further in the matter. It is submitted that in response thereto a detailed representation/application has already been filed before the said authority setting out the details of the land which have been declared surplus and acquired by the State of Bihar in the said land proceeding. It further sets out the details of land measuring 15.06 decimals which Thakurbari ( land holder) would like to opt. It is the contention of the petitioner that aforesaid representation has not been considered and disposed of in terms of the direction of this Court made in C.W.J.C. no. 13027 of 1993 (Annexure-2). Learned counsel for the State submits that Annexure-6, is undated and it is not apparent therefrom that anybody has signed it. It is thus contended that if fresh representation is filed by the noticee, namely, Mahanth 3 Rasbihari Das (intervenor petitioner in the present writ proceeding), the authority will dispose of the same in accordance with law keeping in focus the direction of this Court made under order dated 12.12.1994 (Annexure-2). Having considered the submissions made on behalf of the petitioner, the intervenor and the State, this Court is satisfied that the application may be disposed of by the following order:- Let the noticee, namely, Mahanth Rasbihari Das file detailed representation before the competent authority within a period of 05 weeks from today along with a copy of the present order. If the said representation/application is filed within the aforesaid time, it is expected that the authority concerned shall consider and dispose of the same in accordance with law within a period of 10 weeks therefrom. Sym ( Kishore K. Mandal, J.)