S. B. Sinha, J.

1. -these three applications with the consent of the parties were taken up for hearing together and are being disposed of by this common judgment.

2. However, the fact involved in each matter would be noticed separately.

3. Cwjc No.864 of 1993. By a registered deed of sale dated 15-3-1963 Sk. Sharif and others who are the recorded Raiyats of Khata Nos.213 and 215 executed a deed of sale dated 15-3-1963 in respect of Plot Nos 106,134 and 339 appertaining to khata No.213 and Plot No.394, 445, 472 and 371 appertaining to Khata no.215. Allegedly the transferee did not come in possession of the purchased lands and the recorded raiyats continued to be in possession. Respondent no 5 allegedly re-conveyed the said land to the said transferors by executing two registered deeds of sale dated 22-5-1990. The said deeds are contained in Annexures-5 and 5/a to the writ application.

4. According to the petitioner the petitioner No.1 was not a party to the aforementioned transfer although he had l/8th share therein. The petitioners have contended that" on 15-1-1993 they came to learn that the lands in question were going to be distributed and upon enquiry name to learn that two land ceiling proceedings being land Ceiling Case No.1283 and 1284 of 1973-74 was initiated against the land-holder and lands in question had wrongly been included as the surplus lands of the aforementioned land-holder in the notification issued under Sec.15 (1) of tho bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus)Land) Act, 1961 (hereinafter referred to as the said Act ).

5. Cwjc No 1528 of 1992 in this application the petitioners have prayed for issuance of a writ of a certiorari for quashing a notification dated 12-7-1991 issued under Section 15 (1) of the said Act as contained in Annexure-2 to the writ application as also the order dated 4-2-1992 whereby the Respondent No.2 rejected an application filed by the petitioners under Sec.45-B of the said Act.

6. The petitioners are sons of the land-holder. The petitioner No.1 allegedly purchased lands appertaining to Khata Nos.6, 8 and 9 of Mouja sakma on the basis of two registered deeds of sale dated 26-5-1960.

7. According to the petitioners, Abul Sabul, Rashul and Nazir ahmad had two shares, whereas Demand had two shares. Maqbool and tahir had also two shares, in Khata Nos 6 and 8. Khata No 9 was recorded in the name of Abul, Sabul, Rashul and Nazir Ahmad. The petitioner no 1 is said to have purchased shares of Doman. Maqbool and Tahir out of Khata Nos.6 and 8 by virtue of registered deed of sale dated 1-9-1960 and shares of Abul, Sabul and Rashul out of Khata Nos.6,8 and 9 by virtue of a registered deed of sale dated 26-5-1980.

8. Admittedly in the Revisional Survey Settlement Records of Right, khata No 70 of Mouja Sakma having an area of about 28 acres stood in the name of Tazamul Hussain and Bibi Hazra Khatoon which subsequently by mutual partition the entire lands of Khata No.70 fell the exclusive share and possession of Taxamul Hussain.

9. He allegedly executed a deed of gift on 20th March, 1972 in favour of the petitioner Nos.2 and 3.

10. The details of the said lands are as follows :-

A land ceiling proceedings was initiated against the aforementioned tazammul Hussain being land Ceiling Case No.1283 and 1284 of 1973-74.

11 However, by reason of the aforementioned notification the said lands have been included as lands of landholders of the aforementioned proceedings. The petitioners filed an application under Sec.45-B of the Act for reopening of the case which was registered as Misc Case No 48/91-92.

12. The petitioners have contended that the said application was rejected by an order dated 4-2-1992 (Annexure-4 although no proceedings under Sec.5 (1) (iii) of the said Act was initiated.

13. Cwjc No.1543 of 1992. Tajamul Hussain has filed this application and the Respondent No.3 thereof in his sister. It has been contended that the said Tajamul Hussain has exclus