S.5(iii) of the Bihar Land Reforms Act only applies to transfers of land made after 22nd Oct, 1959, and the Additional Collector must follow the proper procedure and record findings on the intention behind the transfers when annulling them.

1. This writ application has been filed on behalf of the petitioner for quashing an order dt. 26th Feb, 1976, passed by the learned Additional Collector, West Champaran, in the purported exercise of the powers conferred on him by S.5(iii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as the Act). By the aforesaid order the learned Additional Collector has annulled the four transfers made in favour of the petitioner; a copy of that order is Annexure 1 to the writ application. The appeal filed against that order was dismissed in limine by the Commissioner. The Member, Board of Revenue, also dismissed the revisional application filed on behalf of the petitioner.

2. It is an admitted position that the petitioner purchased under four sale deeds, about 13 bighas of land which is the subject matter of controversy in the present writ application. By the sale deed dt. 11th Sep. 1959 which was registered on 26th Dec. 1959, the petitioner purchased 3 bighas 1 katha 16 dhurs of land of plot No. 413 and 1 katha 10 dhurs of plot No. 414. By another sale deed executed on 5th Oct, 1959 and registered on 8th Jan, 1960, the petitioner purchased 5 bighas 13 kathas 13 dhurs of plot No. 415 and 4 kathas 11 dhurs of plot No, 421. The third sale deed was executed on 30th Jan, 1960 and registered on 18th Feb. 1960 under which the petitioner purchased 11 kathas 15 dhurs of plot No. 443 and 9 kathas 17 dhurs of plot No. 444. The fourth sale deed was also executed on 30th Jan, 1960, and registered on 18th Feb, 1960 by which the petitioner purchased 1 bigha 16 kathas 7 dhurs of plot No. 444. The aforesaid details appear from the order of the Additional Collector which is under challenge in the present writ application. According to the learned Additional Collector, as the transfers had been made after 22nd Oct 1959, the date fixed in S.5(iii) of the Act, the transfers were invalid and, as such, liable to be annulled While coming to the aforesaid conclusion the learned Additional Collector has placed reliance on the verification report in respect of those transfers.

3. On behalf of the petitioner it was submitted that so far the two sale deeds which were executed on 11th Sep, 1959 and 5th Oct, 1959 and registered on 26th Dec, 1959 and 8th Jan, 1960, respectively, there was no question of those sale deeds being annulled under S.5(iii) of the Act because such transfers had been made prior to 22nd Oct, 1959, the date fixed in S.5( iii) itself. S.5(iii) of the Act is as follows :-

"Notwithstanding anything to the contrary contained in any judgment, decree or order of any Court or authority, the Collector shall have power to make enquiries in respect of any transfer of land by a land-holder whether by a registered instrument or otherwise made after the 22nd day of Oct, 1959, and if he is satisfied that such transfer was made with the object of defeating, or in contravention of the provisions of this act or for retaining, benami or farzi land in excess of the ceiling area, the Collector may after giving reasonable notice to the parties concerned to appear and be heard, annul such transfer and thereupon the land shall be deemed to be held by the transferor for the purposes of determining the ceiling area he may hold under this section."

On a plain reading of the section itself, the Collector has power to enquire in respect of any transfer of land made by a land-holder after the 22nd day of Oct, 1959, and to annul the same if conditions mentioned therein are fulfilled. There is no dispute that the two sale deeds referred to above had been executed prior to 22nd Oct, 1959, but the Additional Collector has purported to annul such transfers because they had been registered after 22nd Oct, 1959.

4. It is well known that in view of S.47 of the Registration Act, title passes with effect from the date of the execution of the sale deed Reference in this connection may be made to Faiyazuddin Khan