IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13426 of 2011 Madan Mohan Jha son of late Yadunandan Jha, resident of village-Walipur,- P.S.-Pipariya, District- Lakhisarai…. ….Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Ministry of Home, Govt. of Bihar, Patna, 2. The District Magistrate-cum-Collector, Lakhisarai, 3. The Sub-Divisional Officer, Lakhisarai, 4. The Circle Officer, Barahiya Circle, District- Lakhisarai……….. …Respondents ----------- For the Petitioner : Mr. Abhay Shankar Singh, Advocate For the State : Mr. Ranjan Kr. Singh, A.C. to AAG-VII ……………….. 2 06.09.2011 Petitioner seeks direction to the respondents not to proceed with the distribution of the land of the petitioner on the basis of the acquisition of certain land under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land ) Act, 1961 of the land-holder of Dashrat Prasad Singh. It has been submitted on behalf of the petitioner that the aforesaid land has been surrendered by the land-holder, however, the petitioner’s land is different therefrom, detail of which has been given in Paragraph- 3 of this writ application. It has been categorically submitted by the 2 petitioner that he is still in possession of the concerned land, however, the petitioner is unnecessarily being harassed on account of threatened of distribution of his lands in favour of certain persons though that land was never acquired under Section 15(1) of the aforesaid Act. It has been jointly submitted on behalf of the petitioner and the State that the facts of this case are identical to those of C.W.J.C. No. 11495 of 2011 disposed of on 29.08.2011. Both sides agree that respondent no.2 be directed to resolve the issue as directed in C.W.J.C. No.11495 of 2011. In above view of the matter and in view of the fact that consensus having been reached between the parties, this order is being passed directing the petitioner to move before the respondent no.2, i.e., the District Magistrate-cum-Collector, Lakhisarai within three weeks by filing a fresh application along with a certified copy of this order and also a copy of this writ application. If such application is filed then respondent no.2, i.e., the District Magistrate-cum-Collector, Lakhisarai would pass an order on its own merit and in 3 accordance with law after considering all the materials available and holding inquiry, if required, and upon hearing the petitioner and all the parties concerned, as expeditiously as possible but not later than six months from the date of receipt/production of a certified copy of this order. Let the status quo as existing today with regard to the lands of petitioner be maintained till a final decision is taken by respondent no.2, i.e., District Magistrate-cum-Collector, Lakhisarai. This writ application stands disposed of in the terms as indicated above. Sanjay-II ( Dr. Ravi Ranjan, J.)