JUDGMENT

P. Sathasivam, J.

1. Challenge in this appeal is the final judgment and order dated 29.1.1999 passed by the Division Bench of the High Court of Judicature at Patna in L.P.A. No. 1173 of 1998 whereby the High Court dismissed the said appeal of the appellants herein.

2. The brief facts in a nutshell are: The appellants are the land-holders. On 11.2.1966, Ram Nandan Pandey, the father of the appellants, mortgaged 6 Bigha 15 Katha of land to one Md. Kuddus and subsequently on 4.8.1972, he transferred the said land along with some other land to the same mortgagee. On 11.02.1966, one Rajendra Pandey, the brother of Ram Nandan Pandey mortgaged 6 Bigha 4 Katha 10 Dhur land to one Md. Alam. After the death of Rajendra Pandey, his widow Chandrakala Devi transferred the said land to Md. Alam.

3. On 27.12.1975, a proceeding being Land Ceiling Case No.40 of 1975 was initiated against Ram Nandan Pandey under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as "the Act"). In the draft statement published under Section 10(2) of the Act, the land holders were shown in possession of 126.38 acres of Class IV land and after allowing three units for Ram Nandan Pandey, Smt. Chandrakala Devi - the widow of Rajendra Pandey and Ashok Kumar Pandey, 36.38 acres was shown as surplus land.

4. The land holders filed objections against the said claiming, inter alia, one more separate unit for Arun Kumar Pandey and exemption of 12 Bigha 19 Katha 10 Dhur of land which were sold to the mortgagees - Md. Kuddus and Md. Alam respectively. An enquiry was contemplated under section 5(iii) of the Act and the transfers found to be genuine and valid as the transferees were found in actual physical and cultivating possession of the lands transferred and their names were also mutated in the revenue records of the Government.

5. The transfers were also effected through registered documents and for a valuable consideration. They were also paying land revenue to the Government. After the enquiry on 24.4.1981, the Additional Collector, Sitamarhi held that the land holders were entitled to four units including one separate unit for Arun Kumar Pandey and the transfer of land in favour of Md. Kuddus and Md. Alam were genuine and valid transfers. Accordingly, on 5.5.1981, the Additional Collector having found no surplus lands in possession of the land holders, dropped the proceeding.

6. The State of Bihar did not prefer any appeal, revision or review against the order dated 24.4.1981 or against the order dated 5.5.1981 and those orders were allowed to become final. After dropping of the proceeding, the Ram Nandan Pandey and his sons transferred 31.41 = acres of land to different persons for their legal necessity. Smt. Chandrakala Devi and her daughters namely Usha Devi and Manju Devi transferred 29.24 acres of land to different persons for their legal necessity. In December, 1983, Ram Nandan Pandey died and by that time his third son Dhruv Kumar was a major.

7. On 22.4.1993, a notice under Section 45 B of the Act was sent by the Collector, Sitamarhi to show cause as to why the case be not re-opened on the ground that 12 Bigha 19 Katha 10 Dhur of land transferred to Md. Kuddus and Md. Alam were illegally exempted as no previous permission in writing of the Collector was obtained and thus the transfers have been made with mala fide intention of defeating the object of the Act. On 16.8.1993, the land holders replied to the notice contending that the lands were rightly excluded after conducting proper enquiry and that order of exemption had become final as no appeal, revision or review was preferred by the State against those orders before any higher forum as prescribed under the provisions of the Act and that the matter cannot be re-opened.

8. On 26.6.1995, the Collector, Sitamarhi re-opened the case in exercise of his power conferred under Section 45 B of the Act after more than 14 years.