I.A. 1280 of 2013 has been filed for condoning delay of approximately 36 days in filing of the Appeal.

2. Having heard Counsel for the parties and considered the explanation for the delay we condone the same in the interest of Justice and proceed to consider the Appeal on merits.

3. The present Appeal arises from order dated 4.10.2012 allowing C.W.J.C. No. 1695 of 2002. It sets aside the order dated 21.8.1999 passed by the Additional Collector, Araria, which allowed Miscellaneous case No. 1/1995- 96 filed by the Appellant. The Additional Collector had set aside the red card granted to Turai Mandal, for the lands in question, and simultaneously granted green card to the Appellants for the same. Turai Mandal was deceased during the pendency of the writ application and was substituted by his legal heirs, the respondent 2nd set.

4. Land Ceiling Case no. 43 of 1976–77 was initiated against one Maheshwara Nand Thakur. It is the case of the respondent 2nd set that after final publication of the lands to be acquired under Section 11 of the Bihar Land Reforms [fixation of ceiling area and acquisition of surplus land] Act, 1961 (hereinafter the preferred to has ‘the Act’) red card was issu