S.B.Sinha, J.

1. Both these writ applications involving common questions of fact and law were, with the consent of the parties heard together and are being disposed of by this common judgment.

2. In these application the petitioners have prayed for quashing of the order dated 26-6-1976 read with order 3-8-1976 and the order dated 28-6-1978 as contained Annexure 2 to the writ application, the notification dated 6-5-1978 as contained in Annexure-3 to the writ application, the order of the Deputy Collector Land Reforms dated 28-9-1980 as contained in Annexure-4, the order dated 16-2-1981 passed by the Collector Munger as cortained in Annexure 6 as also the order of the Additional Member Board of Revenue, dated 24-8-1981 as contained in Annexures-7 and 8 to the writ applications.

3. The fact of the matter lies in a very narrow compass.

4. The petitioners are admittedly land holders within the meaning of provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act 8) and the Rules framed thereunder.

5. Sk. Ibrahim who is petitioner in CWJC No. 1483 of 1981 and respondent No. 5 in CWJC No. 1484 of 1981 allegedly executed a registered deed of gift on 17-3-1972 which is contained in Annexure-1 to both the writ application in favour of the petitioners of CWJC No. 1484 of 1981.

6. The petitioner Nos. 1 and 2 have also contended that they have acquired others land by sale deeds and their names had been mutated in the State of Bihar.

7. It has further been averred that Sk. Ibrahim also sold various land prior to 22nd October, 1959 and 9-9-1970 and some lands also after 9-9-1970.

8. In this case however only (he lands covered by the aforementioned deed of gift dated 17-3-1972 is in question.

Admittedly the proceeding under said Act was initiated as against Sk Ibrahim being Ceiling case No. 4 of 1975-76. Some lands were declared surplus by orders passed by the Deputy Collector Land Reforms, Munger which is contained in Annexures 2 and 3 to the writ application. The said surplus land had been distributed to the respondent Nos. 6 to 54 of the CWJC No. 1484 of 1981.

9. The petitioners filed an application purported to be under Sec. 15(3) of the said Act the Deputy Collector Land Reforms rejected the said application by an order dated 29-10-1980 (Annexure 4) The petitioners thereafter filed a writ petition, being CWJC No. 2766 of 1980 and by an order dated 12-11-1980 the said writ petition was disposed of with an observation that the petitioner should file an application under Sec. 45-B of the said Act pursuant thereto, the petitioners filed the said application which was dismissed by the Collector of District by reason of the impugned order dated 26-12-1981 (Annexure-6) the petitioners thereafter preferred an appeal before the Member Board of Revenue which was dismissed by orders dated 24-4-1981 (Annexure-7) to the writ application. It is not disputed that appeal before the member Board of Revenue was not maintainable.

10. In this case a counter affidavit has been filed on behalf of the respondent Nos. 1 to 4 wherein it has been asserted that after distribution of the surplus lands the concerned respondents are in possession of the lands in question.

11. It was further submitted that as the sons of the petitioner were minors on 9-9-1970 they were only entitled to one unit.

12. It has further been contended that in terms of Ordinance No. 113 of 1971 the deed of girt was to be executed within three months from 9-9-1970 i.e. before 9-3-1971 and as the deed of gift in question had been executed on 29-3-1972 the same cannot be taken into consideration. It was further submitted that the gift having been and in favour of his sons, daughter and wife by Sk. Ibrahim and in view of the facts all the sons and daughters at the relevant time were minors, they came under the purview of the definition of "family and thus were entitled to allotment of one unit only.

13. M