IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7422 OF 2003 RADHA KRISHNA PD.SINGH, SON OF LATE JAI MANGAL SINGH, RESIDENT OF VILLAGE CHAPRA, POLICE STATION TARIYANI, DISTRICT SHEOHAR VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR/DISTRICT MAGISTRATE, SHEOHAR 3. THE ADDITIONAL COLLECTOR, SAHARSA 4. THE ANCHAL ADHIKARI, ANCHAL TARIYANI, DISTRICT SHEOHAR ……………………………………………………………….RESPONDENTS ********* 6 14/07/2010 Counsel for the petitioner is permitted to make necessary corrections at page 7 of the writ application by correcting the paragraph number and correcting the plot numbers. The petitioner had moved this Court by filing CWJC No. 11027 of 1994 which was disposed of on 16.08.1995. This Court had given following directions:- “Accordingly, I direct that if the petitioner applies for exercising his right of option before the Additional Collector, Sitamarhi in the said ceiling proceeding, the authority will permit him to exercise his statutory right of option. The authority will accordingly modify the final publication made under Section 11 of the Ceiling Act and Gazette Publication, if any, made under Section 15 (1) of the Act. With the aforesaid direction, this application is disposed of.” The petitioner accordingly gave his option with respect to plots which he wishes to retain. At paragraph 2 15of the writ application, the petitioner has stated that the Collector, Sheohar has made alteration in the option with respect to several plots of land by giving him either less of what was demanded by the petitioner or more than what the petitioner demanded, with respect to a particular plot. There is no reasons disclosed for altering the option given by the petitioner and perhaps such alteration is not warranted except for very sound and good reasons. A counter affidavit has been filed on behalf of the Collector stating therein that the Collector has considered and allowed the petitioner to retain the plots as given by him under Section 9 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act. The petitioner, from the records of this application, has made a chart which indicates the manner in which the violation has been done while allowing the application under Section 9 of the Act, which reads as follows:- Land claimed in option land allowed in option By the petitioner by the collector Plot No. Area Plot No. Area 3642 3 dec. 3642 2 dec. 1499 3 dec. NOT ALLOWED 125 43 dec. 125 45 dec. 132 66 dec. 132 74 dec. 1486 16 dec. 1486 18 dec. 1443 33 dec. 1443 40 dec. 1556 8 dec. 1556 20 dec. 1289 67 dec. 1289 86 dec. 3 1376 90 dec. NOT ALLOWED 638 1.54 acres 638 1.58 acres 647 28 dec. 647 32 dec. 783 13 dec. 783 15 dec. 765 60 dec. 765 86 dec. 642/1343 4½ dec. 642/1343 7 dec. 971 37½ dec. 971 39 dec. 1099 16 dec. 1099 18 dec. 982 19½ dec. 982 21 dec. 1124 30 dec. 1124 32 dec. 700 81½ dec. 700 90 dec. 715 81 dec. 715 93 dec. 944 1.18 acres 944 1.7 acres 990 42½ dec. 990 49 dec. Accordingly, I direct the Collector, Sheohar to verify this aspect and if it is found to be true, allow the petitioner to retain those lands for which he has given his option in accordance with the units allocated to him. The petitioner may approach the Collector, Sheohar within a period of one month from today along with a copy of this order and the Collector will dispose of the matter within a period of three months thereafter. The Collector is further directed to make necessary corrections in the Notification under Section 11 of the Ceiling Act. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )