The limited prayer in this case is that the petitioners should be given an opportunity to make option as envisaged under section 9 of the Ceiling Act. This is opposed by the learned counsel for the State. He says that such an opportunity was given to the petitioners in the year 1982 itself but the petitioners did not avail of it. He, therefore, says that no such relief should be given to the petitioners.

2. It is true that an opportunity was given to the petitioners in the year 1982 and prior to that the petitioners were fighting litigation at that time and were asking for more units. The final publication under section 15 (1) of the Ceiling Act was made on 24th March, 1990 as per Annexure-4. In the circumstance, it cannot be said that the petitioners did not exercise his option under section 9 of the Ceiling Act. The stage for making option arises when the land holder knows his final position with regard to the units and the area he is allowed to retain.

3. In this view of the matter we think that the prayer of learned counsel for the petitioners is quite genuine. We accordingly quash Annexure-4, the notification under section 15 (1) of the Ceiling Act published in the Muzaffarpur District Gazette on 24th March, 1990. The petitioners may now file his option within six weeks from today and may surrender the surplus land.

4. This writ application is thus disposed of.