APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the petitioner and the State.
(2.) Petitioner's preemption application was registered as L. C. Case No. 28 of 1981-82 before the Land Reforms Deputy Collector, Seraikella, respondent no. 2, who rejected it vide order dated 14.06.1982, which was the subject matter of the writ petition CWJC No. 95 of 1983(R). Vide judgment dated 06.09.1989, Annexure-3, the learned Division Bench of Patna High Court was pleased to quash the same. Land Reforms Deputy Collector was directed to issue notices to the parties and thereafter proceed to decide the application filed by the petitioner under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 in accordance with law.
(3.) Petitioner has approached this Court in the year 2015 alleging that the said Land Acquisition Case is still pending, now bearing L. C. Case No. 16/2004-05. Reference is made to the order sheet of the case at Annexure-4, dated 04.05.2005 and 28.06.2005. Perusal thereof shows appearance of the petitioner while no representation on behalf of the Second Party. Service report of notice was not yet obtained. Petitioner was directed vide order dated 15.10.2015 in the present matter to file an affidavit in support of the statement that L. C. Case No. 16/2004-05 was never put up for hearing except of those two dates. No such affidavit has been filed neither order sheet of the said case has been brought on record.;