J.N.BHATT, J.

1. By this application under Article 226 of the Constitution of India, the Petitioners, adjoining owner of the land, have sought quashment of the Order dated 21st January, 1988, passed by Respondent No. 3, Additional Member, Board of Revenue, Bihar, Patna, in Case No. 106 of 1986 under Sec.32 of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (In short: the Act), which reversed the concurrent findings of facts of the two Revenue authorities, on the ground that the Order passed in revision case is illegal and contrary to the factual findings.

2. The Petitioners are purchasers of the adjoining land measuring 27 decimals of land of Revisional Survey Plot No. 3900 by virtue of registered deed on 17th July, 1984. The subject matter of litigation, which is also an agricultural property is situated near the boundary of the property purchased by the Petitioners, which came to be purchased by Respondent No. 5 by a deed on 2nd January, 1985.

3. Being aggrieved by the purchase, by Respondent No. 5, an outsider, the Petitioner made an application in terms of the provisions of Sec.16(3) of the Act to the Deputy Collector, Land Reforms, Sitamarhi (West), which came to be allowed by Order dated 8th October, 1985, in Land Ceiling Case No. 4 of 1985, and it was further confirmed in appeal, under Sec.30 of the Act by Order dated 22nd January, 1986, in Ceiling Appeal No. 15 of 1985 by the Additional Collector, Sitamarhi.

4. Being aggrieved by the said Order, Respondent No. 5 purchaser, preferred a revision under Sec.32 of the Act successfully. Therefore, the concurrent findings of fact recorded by the two Revenue authorities in terms of the provisions of Sec.16(3) and Sec.30 of the Act came to be reversed in revision under Sec.32 of the Act, which is, directly and precisely, under challenge in this application under Article 226 of the Constitution of India.

5. Learned Counsels for the parties are heard. This Court has dispassionately examined the factual profile and testimonial collection and relevant provisions of law, as well as text and tenor of the impugned Order in revision. Let it be stated at the outset that the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962), which was assented to by the President on the 8th March, 1962, is an Act to provide for fixation of ceiling, restriction on sub-letting and resumption by certain raiyats, for personal cultivation of land, acquisition of status of raiyat by certain under-raiyats and acquisition of surplus land by the State in the State of Bihar and matters connected therewith. This Act came to be extended to the whole of the State of Bihar and it was brought into force at once.

6. This is one of the Acts which have been placed in the 9th Schedule under Article 31B of the Constitution of India.

7. Let it be highlighted that the object of enacting this Act in the State of Bihar is evident and unambiguous. The object is clear. Under it any land in excess of the ceiling area ceases to belong to the owner with effect from the appointed day. Ordinarily, the word "disposition", in relation to property would mean disposition made by a deed or will. Even if possession of surplus land is given in execution of partition decree, the "disposition" will be invalid under Ceiling laws and will be of no effect. The administrative mechanism has already prescribed, under the Act, legal redressal for the aggrieved persons.

8. In Chapter V of the Act, there is restriction on future acquisition. Sec.16 of the Act, undoubtedly, prescribes restriction on future acquisition by transfer etc. Clause (i) of Sub-section (3) of Sec.16 of the Act provides clear statutory restriction that when any transfer of land is made after the commencement of the Act to any person other than a co-sharer or a raiyat of adjoining land, any co- sharer of the transferor or any raiyat holding land adjoining the land transfe