PRAKASH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned Counsel for the petitioners and Learned Counsel for the State.

(2.) Learned counsel for the petitioners submits that the present writ petition has been filed for quashing the acquisition Notification No.2959 dtd. 3/11/1993 published in the Purnia district gazette ' Extra Ordinary issue No.37 dtd. 9/11/1993 (Annexure-4). Further prayer has been made to directing the respondent No.2 to exclude the lands in question from the Land Ceiling Case and the related notification at Annexure-4 by issuance of suitable de-notification therefor and further not to restore to distribution of the lands in question to strangers till the disposal of this application.

(3.) Counsel further submits that the father of the petitioner No.1 (now dead) has moved before this Hon'ble Court firstly, in C.W.J.C. No.35 of 1994, which was disposed off by order dtd. 11/2/1994 with a direction to the petitioners to file a petition under Sec. 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act of 1961') with a protection order that during pendency of the said application, the possession of the petitioners shall not be disturbed from the lands claimed.