U.P. Singh, J.

In this application the petitioners have challenged the validity of the order passed by the Addl. Collector, Deputy Commissioner annulling the settlement made in favour of the petitioners in exercise of the power under Section 4H of the Bihar Land Reforms Act.

2. The basis question which arises for consideration is whether the proceeding under Section 4H of the Act, could be initiated in respect of lands settled after 1st January, 1946. The settlement in question is of the year 1945 and, therefore, obviously beyond the scope of Section 4H of the Act.

3. The land in question is plot no. 3218 appertaining to Kata no. 136 of village Hiranpur measuing about 27 bighas which was ‘gair-adad malik land’ of the earst while landlord, Raja if Jharia named Siva Prasad Singh. In the year 1945 the said Raja of Jharia made permanent raiyat settlement for an area of 15 bighas of land out of he said plot no. 3218 in favour of his youngest son, in lieu of his maintenance, who is petitioner no.1. After the death of said Raja Sheo Prasad singh, his eldest son Kali Prasad Singh inherited the estate in accordance with the rule of primo geniture prevalent in the said estate. Since pet