KHATIJA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned GP 18 for the State.

(2.) The petitioners have moved the Court for the following reliefs:

(3.) The petitioners are aggrieved by wrong inclusion of their names/lands in Land Ceiling Case No. 156 of 1973-74, on the ground that such lands were excluded much prior to coming into effect of the Ceiling Act. It was submitted that earlier the petitioners had moved the Court in CWJC No. 6728 of 1991 and by order dated 05.01.1993, the matter was referred to the Collector of the district to pass order 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'). It was submitted that thereafter, the matter remained pending and nothing happened due to which the petitioners again moved the Court in CWJC No. 19244 of 2012, which was disposed off as withdrawn by order dated 02.02.2016, for moving before the State Government under Section 45B of the Act. Learned counsel submitted that due to amendment in the Act, now the State Government has no power to consider the matter and, thus, the present writ has been filed. Learned counsel drew the attention of the Court to order dated 25.07.2014 passed in CWJC No. 5063 of 2014, by which similarly situated persons aggrieved by the order of the Additional Collector, Katihar had been granted relief by quashing of the order dated 13.01.2012 and the Collector was directed to consider the case of the petitioners on merit after giving notice to the parties concerned in terms of the order dated 05.01.1993 passed in CWJC No. 6728 of 1991 and dispose off the same, in accordance with law.