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2010 DIGILAW 1571 (PAT)

Most. Asma Khatoon Widow Of Late Md. Hadis v. State Of Bihar

2010-07-16

SHEEMA ALI KHAN

body2010
JUDGEMENT 1. The petitioners have filed this application praying therein that Misc. Land Ceiling Case No. 25 of 2007 filed by them under Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) may be disposed of by respondent no. 2, the Honble Minister, Department of Revenue and Land Reforms, Government of Bihar. 2. The lands in question are situated at Village-Banki, Thana No. 293/2, Police Station, Rupouli within Purnea district Purnea wherein Khata No. 345, Plot No. 1297 (Part) measuring 1 acre, Plot No. 1294 area 0.34 acres and plot no. 1299 measuring 1.1.4 acres. 3. The short facts are that a ceiling proceeding was started against Smt. Uma Devi, respondent no. 6. The case of the petitioners is that in the ceiling proceeding, the petitioners were not noticed. The lands of respondents 7. to 9 i.e. Hari Ballabh Narayan Sinha, Braj Ballabh Narayan Sinha and Raj Ballabh Narayan Singh were clubbed with the lands of respondent no. 6. The petitioners are the decree holders and they have acquired title vis-a-vis the aforesaid three persons, i.e. respondents 7 to 9. Naturally, respondents 7 to 9 were not interested in pursuing the matter. The result is that the petitioners claim that the authorities have issued purchas and now there is eminent danger that the authority i.e. the Collector will dispossess the petitioners from the lands in question. 4. The petitioners, on learning of the facts surrounding this case, at once filed an application before the Honble Minister under Section 45B of the Act which is numbered as 25 of 2007. The said application under Section 45B of the Act is pending since three years and now the petitioners are threatened by the fact that they may be dispossessed. 5. It would be proper that the Honble Minister should dispose of the application as expeditiously as possible considering the fact that the petitioners would be dispossessed if any further delay is caused. The petitioners would also have the liberty to file an application before the Honble Minister for stay in the matter which ought to be considered by the Honble Minister in case he is unable to pass a final order within a period of two months from the date of receipt/production of a copy of this order. 6. The petitioners would also have the liberty to file an application before the Honble Minister for stay in the matter which ought to be considered by the Honble Minister in case he is unable to pass a final order within a period of two months from the date of receipt/production of a copy of this order. 6. The status quo with respect to the land will be maintained till the aforesaid period of two months. 7. This application is disposed of with the aforesaid observations.