S.B.SINHA, J.

1. Whether a Tank is land"within the meaning of Sec. 2(f) of the Bihar Land Reforms (Fixation of CeilingArea and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act) is the Principal question involved in this application.

2. The petitioner is a land-holder. It filed a return alleging that it is in possession of 443.90 acres of land.

3. A draft publication was made whereafter an objection was filed by the petitioner under Sec. 10(2) of the said Act on 9-7-1975 inter alia alleging therein that certain tanks-and ridges have wrongly been included in the said draft publication.

4. By an order dated 9-10-1982 passed in Ceiling case No. 250 of 1973, the Additional Collector held that the tanks in question come within the purview of the definition of land. In terms of the said finding a notification under Sec. 11 of the Act was issued. A Gazette notification dated 16-3-1983 thereafter was published in terms of the provisions of Sub-sec. (1) of Sec. 15 of the Act.

5. The petitioner preferred an appeal against the said order which was dismissed. A revision application filed by the petitioner was also dismissed.

6. Mr. K, D. Chatterjee, learne