CIVIL WRIT JURISDICTION CASE No.12728 OF 1999 In the matter of an application under Article 226 of the Constitution of India MAHANT BHIKHARI DAS CHELA OF LATE MAHANTH SARJUG DAS OF VILLAGE MADHOPUR, P.S. BARAULI DISTRICT GOPALGANJ -----------------------(Petitioner) Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, GOPALGANJ 3. THE SUB-DIVISIONAL OFFICER, SUB DIVISION GOPALGANJ, DIST. GOPALGANJ ----------------------(Respondents) ----------- For the Petitioner : Mr. Suresh Pd.Singh, Advocate. For the State : Mr. Ajay, SC-3(Ceiling) P R E S E N T THE HON'BLE MR. JUSTICE V.N. SINHA V.N.Sinha, J. Heard learned counsel for the petitioner and the State. 2. In compliance of the orders of this Court dated 25.9.1997 passed in C.W.J.C. No.1460 of 1996, Annexure-2 petitioner land holder has exercised his right of option under application dated 5.11.1997, Annexure-3 but the same has not been considered rather rejected by the Collector, Gopalganj under order dated 9.11.1999, Annexure-1 holding that petitioner has already been allowed option under order dated 19.3.1994. 3. This Court having considered the matter and having allowed the petitioner right to exercise fresh option in terms of the provisons contained in Section-9 of the Bihar Land Reforms(Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 under - 2 - orders dated 25.9.1997, Annexure-2 and in the light of the direction of this Court petitioner having exercised right of option under application dated 5.11.2003, the Collector should have considered the same and ought not to have rejected saying that petitioner had already exercised his right of option in terms of order dated 19.3.1994. 4. Having heard counsel for the petitioner and the State order of the Collector, Gopalganj dated 9.11.2009 passed in Land Ceiling Case No.06 of 1997, Annexure-1 is set aside with direction to the Collector to allow the petitioner right to exercise fresh option for choosing the lands which he wants to retain within the unit permissible in compliance of the earlier orders of this Court dated 25.9.1997, Annexure-2 as also the order of the Sub-Divisional Officer, Gopalganj dated 6.12.1993. 5. This writ application is, accordingly, disposed of. Patna High Court Dated 27th April, 2010 NAFR/Rajesh V.N.Sinha, J.