IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6538 of 2000 MAHANTH DIVYANAND Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :M/s Suresh Chandra Pd. Sinha & Ratan Kumar Sinha, Advocates For the State :Mr. Rajnish Kant, JC to SC 3(Ceiling) 15/ 06.8.2008 Heard learned counsel for the petitioner and learned JC to S.C. 3(Ceiling). Petitioner is aggrieved by the order dated 27.8.1999, passed by the Additional Collector, Nalanda in Land Ceiling Case No. 58 of 1996, as contained in Annexure-2 to this application as also order dated 28.1.2000, Annexure-3, whereunder the learned Additional Collector had directed that the lands in question be acquired in terms of Sub-section (1) of Section 15 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961(hereinafter referred to as the Act). He is further aggrieved by the order dated 6.5.2000, passed by the Board of Revenue in District Nalanda Case No. 8 of 2000, Annexure-6, whereunder revision application against the aforesaid two orders dated 27.8.1999 and 28.1.2000, Annexures-2 and 3 was rejected. The grounds raised in support of the writ application are two, namely, while passing the three orders, the authorities did not allow the petitioner the option to select his ceiling area in terms of the provisions contained in Section 9 of the Act, for which the petitioner filed petition dated 29.11.1999, as 2 contained in Annexure-5 clearly giving the details of the lands which he proposed to retain. The other ground of challenge is that petitioner was not allowed exemption in terms of the provisions contained in Sub-section (ii) (2) of Section 29 of the Act, which provision was deleted by Act 8 of 1997, vires whereof was upheld by this Court under judgment dated 11th July 2008, passed in CWJC No. 10233 of 1995, array of the parties of the said writ case indicates that petitioner herein was also petitioner no.3 in the said case and it is submitted on behalf of the petitioner that he is proposing to assail the judgment dated 11.7.2008 by filing SLP before the Hon’ble Supreme Court. Having heard counsel for the parties, I am of the view that the prayer of the petitioner to seek option be considered by the Additional Collector, Nalanda, Respondent No.4 in terms of the option exercised by the petitioner under his petition dated 29.11.1999, Annexure-5 to this application for which petitioner should appear before Respondent No.4 along with a certified copy of this order within two weeks from the date of receipt of certified copy of this order, requisition for which should be filed today itself and the Additional Collector, Nalanda, Respondent no.4 should consider the request of the petitioner to retain the ceiling area as per the details of the lands indicated in petition dated 29.11.1999, Annexure-5 in accordance with the Division 3 Bench judgment of this Court in the case of Lallan Prasad Singh & Ors. Vrs. The State of Bihar & Ors, reported in 1992(2) PLJR 631. So far the other prayer of the petitioner for grant of exemption is concerned, that shall be subject to any further orders, which may be passed by the Hon’ble Supreme Court in the matter concerning the vires of Act 8 of 1997. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)