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CASE NO.: Appeal (civil)  7070 of 2001

PETITIONER: RAMESHWAR RAM & ORS

RESPONDENT: STATE OF BIHAR & ORS

DATE OF JUDGMENT: 27/02/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NO.7070/2001

       This appeal is directed against the order dated 11.9.2000 passed  by the Division Bench of the High Court of Judicature at Patna in L.P.A.  No.1088 of 1999 by which the LPA was disposed of in the following manner: "The collector to comply with the direction given by the  Member, Board of Revenue, which runs as follows: "Accordingly the land transferred to Devendra Rai,  Amala Rai and Bachi Devi after 9.9.70 without the  permission of the Collector shall be kept in the  ceiling area of the land holder and an equal area of  other land of the land holder shall be declared as  surplus in the ceiling case no.4/28/73-74 so that the  interest of the innocent purchasers is not affected." contd...2/-

       ::2::         This court has further directed that the  Collector will issue notice to the parcha holders who have been  granted purchase with regard to lands claimed by the  purchaser before cancelling the same.  The submission made  on behalf of the appellants that they are remedy less is without  justification.  The Collector has to issue notice before  cancelling the parchas.  The appellants will get opportunity to  place before him their stand which has to be considered by the  Collector before passing the final order in terms of the orders  passed by this Court."

       We have carefully examined the orders of the Division Bench as  well as of the learned Single Judge of the High Court, and after hearing the  learned counsel for the parties, we are of the view that no interference  is  required in the said order of the Division Bench of the High Court excepting that  we direct that the Collector shall issue notice and give proper opportunity to  place  contd...3/-

::3:: before him the stand of the appellants, which shall be considered by him on  merits before passing any final order cancelling the parcha.  The Collector shall  decide the same within three months from the date of supply of this order to  him.  With this observation, the appeal is disposed of with no order as to costs.