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 petitioner no. 1 was minor at the time when the aforesaid maintenance was grantee, the aforesaid brother Sri Kali Prasad Singh acknowledged and accepted the said grant he succeeded to the said estate. After vesting of the said Jharia estate in the State of Bihar, petitioner no. 1 become the raiyat in respect of the aforesaid land bearing plot no. 3218. On about March, 1951 the said Kali Prasad Singh, the eldest brother of petitioner no. 1 sold and transferred a petition of 10 bighas of the aforesaid land to the Income-tax Department by means of a registered sale deed after a thorough enquiry made by the then Deputy Commissioner, Dhanbad. By ano her deed of lease in September, 1951 he made a permanent settlement of 2 bighas of land out of the aforesaid plot in favour of one Sri A.B. Guha. After the said purchase he came in possession of the land but since in the survey entry the aforesaid plot no. 3218 was recorded as ‘gair abad’ land, a proceeding under Section 4H of the Act, was started against Sri Guha. In the said annulment case no. 10 of 1960-61 it was found that the vender if Sri Guha, namely, the said Kali Prasad Singh had got title and in the result the said proceeding under Section 4H of the Act, was dropped. The order dated 20.7.1961 is contained in Annexure 1.

4. In pursuance of the settlement, petitioner no. 1 filed an application for mutation of his name as raiyat. In the said Mutation Case No. 141 (II) THN of 1959-60 the name of the petitioner was allowed to be mutated in respect of an area of 15 bighas of land appertaining to the said plot no. 3218. Since then petitioner no. 1 stated paying rent to the State of Bihar and continued in peaceful possession. Subsequently, by means of registered deed executed by means of a registered deed executed by petitioner nos. 2 & 3 purchased 6 Kathas and 10 Chhataks of land out of the aforesaid plot no. 3218. Their names were also mutated as raiyats in Mutation Case 58 (II) of 1974-75. In their names, the Jamabandi Khata no. 1048 was also opened since then petitioner nos. 2 & 3 have been paying rent to the State of Bihar and have been granted rent receipts. Likewise, petitioner no. 4 also purchased an area of 4 Katha from petitioner no. 1 and the name was mutated in the Revenue records by an order passed in Mutation case no. 42 (II) of 1977-78. A Jamabandi Khata was opened in the name of petitioner no. 4.

5. It appears that the Deputy Commissioner, Dhanbad had set up an enquiry and asked respondent no. 5, the Deputy Collector and incharge Land reforms, Dhanbad to submit a report in respect of the said plot no. 3218. In the said report the Land reforms Deputy Collector, on consideration of all aspects of the matted respected that aforesaid plot no. 3218 has connection what so-ever with the alleged Gold grou