S.B.Sinha, J.

1. This writ application is directed against an order dated 30 12.1980, passed by the Collector, Samastipur (respondent no 3) in Suit No. 364 of 1979 whereby and whereunder the respondent No. 3 in purported exercise of power conferred upon him under Sec.32 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as the Act) declared the sale deed dated 12.6.1978 as void and ordered the petitioners to pay a fine of Rs. 150.00 as the same was executed without obtaining permission under Sec. 5 of the Act.

2. The facts of the case lie in a very narrow compass. The petitioner No. 2 by registered sale deed dated 12.6.1978 sold 3 kathas 16 dhurs of land for a consideration of Rs. 2000/-. According to the petitioner at that point of time there was no publication of register of lands in terms of Sec.10 (1) of the Act. It however, appears that on 20.3.1979 one Ram Karan Thakur filed an application under Sec.32 of the Act, wherefor a report was called for from the Consolidation Officer, Bibhutipur and on the receipt thereof the notice was directed to be issued against the petitioners. The petitioners have stated that they have n