S.B.Sinha, J.

1. In this petition, the petitioner has challenged the order dated 2-12-1980 passed by respondent No. 3 the Collector of Siwan, as contained in Annexure-10 ; the order dated 5-8-1981 passed by the said respondent No. 3 as contained in Annexure-11, the order dated 6-3-1982 passed in revision case No. 232 of 1981, by the Additional Member, Board of Revenue (respondent No. 2), as contained in Annexure-l2 and also the order dated 28-6-1982 passed by the Additional Collector, Siwan (respondent No. 4) as contained in Annexure-13 to the writ petition,

2. Before adverting to the facts of the case, it may be noted that the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred to for the sake of brevity as the Act) came into force on 19-4-1962, and the period appearing in Sec. 5 (5) of the said Act* as it then stood, was of six months in order to enable the landholder to transfer their lands, to certain categories of persons mentioned therein, but the said period was extended to one year by Bihar Act 12 of 1962.

3. The facts of the case lie in a very narrow compass and are not much in dispute. The Guru of the petitioner Mahanth Shiv Goswami executed a deed of gift in favour of the petitioner on 20-9-1962, in respect of the lands in question As noticed hereinbefore any transfer inter alia by gift could have been made under the law by the land-holder up to 18-4-1963. Thereafter in the year 1975, a proceeding in terms of the Act was initiated against the aforesaid Mahanth Shiv Goswami (respondent No. 5), which was registered as Land Ceiling Case No. 6 of 1975-76. In the said proceeding, the Additional Collector, Siwan, by his order dated 25-8-1975 (Annexure-4) held that the transfer made to the petitioner by the Mahanth (respondent No. 5) was invalid. On 30th of June, 1976 the aforementioned Mabanth Shiv Goswami allegedly made voluntary surrender of 19 Bighas 18 Kathas and 12 Dhurs of land, as contained in Annexure-1,

4. The petitioner preferred an appeal against the aforementioned order dated 23-8-1975 (Annexure-4) which was dismissed by the appellate authority by its order dated 16-8-1976 (Annexure-5). It is alleged that on 27-8-1976 the signature of the Mahanth Shiv Goswami was obtained by use of force on the so-called surrender of 25 Acres of land including the land in question measuring 9.72 Acres of land of the petitioner covered by the deed of gift executed in his favour by the Mahanth Shiv Goswami.

5. A representation with the aforementioned facts was made by the Mahanth Shiv Goswami, to all concerned including the Prime Minister and the Chief Minister. On the basis of the said representation a direction was made by the Revenue Commissioner on 24-11-1976 with regard to forcible surrender dated 27-8-1976. In the mean time the petitioner preferred revision against the order dated 16-8-1976 (Annexure-5), which was also dismissed by the Additional Member, Board of Revenue by his order dated 10-6-1977, as contained in Annexure-6.

6. Thereafter the petitioner came to this court in writ jurisdiction, being C.W.J.C. No. 1353 of 1977. By a judgment dated 9-1-1978, a Division Bench of this Court allowed the said writ application and quashed the orders passed by the Additional Collector dated 25-8-1975, the order dated 16-8-l976 passed by the appellate authority and the order dated 10-6-1977 passed by the Additional Member, Board of Revenue, as contained in Annexures 2, 3 and 4 of that writ application. The relevant portion of the judgment passed in the aforementioned writ application may be noticed hereunder :

4. Only two grounds which have been given for holding the transfer in question was benami, or in other words, a paper transaction are already noticed. But in view of the fact that the petitioner was chela of the Mahanth, which is established by the document itself, it cannot be said that the mere fact that the transfer was in favour of a chela shows tha