IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.474 of 2009
1. Ganesh Jha
2. Mahendra Jha, both sons of late Bisheshwar Jha, resident of village
Nanaur, P.s.Andhratharhi, District Madhubani.
Petitioners-Appellants
Versus
1. The State of Bihar
2. The Collector, Madhubani, District Madhubani
3. The S.D.O., Jhanjharpur, District Madhubani.
4. Most. Gita Ojhain wife of late Kapileshwar Jha, resident of village
Manaur, P.S.Andhratharhi, District Madhubani.
Respondents.
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08 18.10.2011 Heard learned counsel for the appellants and for the
State.
The case of the appellants seems to be with regard to
non-issuance of notice by Collector, Madhubani with regard to
declaration of these lands by virtue of family partition in
pursuance of Civil Court decree dated 18.2.1980 i.e. Annexure-5.
The learned Single Judge has not agreed to the
contention raised by the appellants herein and remanded the
matter to approach the appropriate authority in terms of Section
45B of the Bihar Land Ceiling Area and Acquisition of Surplus
Land Act as the appellants herein have aggrieved by the action of
the Collector, Madhubani, (Respondent no.2) that he did not issue
notice to them.
We are of the opinion that it would suffice if a
direction is issued to Respondent no.2 to issue notice to the
appellants herein in Land Ceiling Case No.8/82-83 and pass
appropriate orders after issuance of notice. The entire exercise
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must be completed within a period of six months from the date of
receipt/production of a copy of this order.
With the above observation, the L.P.A. stands
disposed of.
Chandran (T.Meena Kumari, J.)
(Vikash Jain, J.)