IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6541 of 2010 1. RAJDEO BHAGAT, S/O JAGARNATH BHAGAT, R/O VILLAGE- CHAILAHAN, P.S - BANJARIA, DISTRICT-EAST CHAMPARAN. 2. RAMJEE BHAGAT, S/O LATE BIDESHI BHAGAT, R/O VILLAGE- CHAILAHAN, P.S - BANJARIA, DISTRICT-EAST CHAMPARAN. 3. SURAJ RAI@ SURAJ PRASAD YADAV, S/O LATE GANESHI RAI, R/O VILLAGE-CHAILAHAN, P.S - BANJARIA, DISTRICT-EAST CHAMPARAN. 4. BABU LAL RAI, LATE JANG BAHADUR RAI, R/O VILLAGE- CHAILAHAN, P.S - BANJARIA, DISTRICT-EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY , LAND & LAND REFORMS DEPARTMENT GOVT. OF BIHAR, PATNA. 2. THE COLLECTOR, EAST CHAMPARAN AT MOTIHARI. 3. THE ADDITIONAL COLLECTOR,EAST CHAMPARAN AT MOTIHARI. 4. THE LAND REFORMS DEPUTY COLLECTOR,SADAR MOTIHARI AT MOTIHARI, DISTRICT - EAST CHAMPARAN. 5. THE ANCHAL ADHIKARI, BANJARIA, P.S & P.O - BANJARIA, DISTRICT -EAST CHAMPARAN. 02/ 16.04.2010 Heard learned counsel for the petitioners and the State. Petitioners are the purchaser from Seikh Aftab Alam and others, the land-holders whose ceiling matter is pending before the Collector of the district in compliance of the judgment/ order of this Court dated 11.2.1999, passed in C.W.J.C. No. 8090 of 1989, Annexure-5 to this application. It is submitted on behalf of the petitioners that ignoring the pendency of the aforesaid matter, learned D.C.L.R., Motihari under orders dated 23.10.2009, passed in Misc. Case No. 7 of 2009-10 has cancelled the Jamabandi of the petitioners observing that the sale deeds executed in favour of the petitioners are illegal. It is further submitted on behalf of the petitioners that the observation of the D.C.L.R., Motihari that the sale deeds executed in favour of the petitioners are illegal, is wholly without jurisdiction as the validity or - 2 - otherwise of the sale deeds executed in favour of the petitioners can only be adjudicated in connection with a proceeding taken under the Ceiling Act in terms of the provisions contained in Section 5 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 and till date competent authority having not declared the sale deeds executed in favour of the petitioners by the land-holders as illegal, observation of the D.C.L.R. is wholly without jurisdiction. Aforesaid aspect of the matter can be better appreciated if petitioners assail order dated 23.10.2009, passed by the D.C.L.R., Motihari in Misc. Case No. 07 of 2009-10 before the Collector of the District either in the aforesaid ceiling proceeding, bearing Ceiling Case No. 1078 of 1973-74 initially initiated against Sheikh Jhokhu whose heirs are Md. Aftab Alam and others or by filing separate revision in terms of Section 16 of the Bihar Tenants' Holdings ( Maintenance of Records) Act, 1973 against the cancellation of Jamabandi. It is also made clear that unless the sale deeds are annulled in terms of the provisions of the Ceiling Act, Jamabandi created in favour of the petitioners cannot be cancelled and with the aforesaid observation, the writ application is disposed of. Arjun/ (V.N. Sinha, J.)