VISHWANATH MISHRA, J.

1. The petitioner has invoked the writ jurisdiction of the court for quashing Annexure 1, 2, and 3 of the writ petition which are the orders of different authorities, under the Bihar Land Reforms (Fixation of Ceiling Area Acquisition of Surplus Land) Act, 1961 (hereinafter referred as "the Act") relating to the petitioner's unit.

2. Thakur Hari Kishore Pd. Singh was the father of Smt. Tara Devi. The petitioner Shyam Nand Pd. and his brother Tara Nand Pd. are the sons of Tara Devi. Thakur Hari Kishore Pd. Singh was the Ghatwal of Garasare Estate in Deoghar sub division of Santhal Parganas. He had no son. As the case is he made family arrangement round about the year 1947 in which be settled some lands with the petitioner and perhaps also with his brother and mother. The case of the petitioner here is that 39.00 acres of land situated in village Raghusdih, police station Palajori within the sub–division of Deoghar were settled with him in 1947 and since then he was paying rent. Respondent No. 3, the Additional Collector of Santhal Parganas gave him a notice for determination of the ceiling area of the land to be held by him and accordingly Land Ceiling case no.333 of 1973-74 was started against him. That case was sent to the Deputy Collector Land Reforms, Deoghar for disposal. A draft statement under section 10 (1) of the Act, was prepared in which he was allowed to retain 33 acres of land and 6.06 acres of land was shown as surplus. The petitioner filed objection under section 10(3) of the Act, claiming the said 6.06 acres of land as tank and bandh, but that objection was rejected by the Deputy Collector Land Reforms on 25.11.1975 (vide Annexure 1/B to the writ petition). The petitioner preferred a Land Ceiling Appeal No.66 of 1975-76 against the order of the Land Reforms Deputy Collector before the Additional Collector, Dumka, but that was summarily dismissed on the ground of limitation. The petitioner then moved the Board of Revenue under section 32 of the Act, wherein he succeeded in getting the appeal remanded to the Additional Collector for disposal on merits. The Additional Collector heard the appeal and dismissed the same on merit also on 28.8.1976 through an order contained in Annexure 2 to the writ petition. Thereafter the petitioner filed a revision before the Board of Revenue which was registered as Board case no. 1604 of 1976. That also was dismissed on 4.12.1976 vide order contained in Annexure 3 to the writ petition. Thereafter, the petitioner has come to this court.

3. For proper appreciation of the case I would also refer to the land ceiling proceedings against the petitioner's brother Tara Nand Prasad and petitioner's mother Smt. Tara Devi. Tara Nand Prasad had been allowed one unit but he also claimed some tank and bandh. Tara Devi had also been allotted one unit and quite a big area of land had been declared surplus. Tara Devi had also a daughter who had not been given any unit at all. Tara Nand Pd. and Smt. Tara Devi were also fighting their cases in respect of their own claims. Petitioner's appeal no. 66 of 1975-76 being remanded by the Board of Revenue came to be heard by the Additional Collector. Appeal no. 65 of 1975-76, filed by Smt. Tara Devi was also heard. Rather both of them were heard analogous. The Additional Collector held that after the death of Thakur Hari Kishore Pd. Singh, who had no male heir, the entire property came to the sole female heir, his daughter name by Smt. Tara Devi, and so long she was alive her sons have no interest in the property. It was, accordingly, held that only she was entitled to one unit and his sons Nitya Nand and Shyama Nand or her daughter were not entitled to any unit whatsoever. The claim of tank was also negatived because Singbara could be grown in it. The Additional Collector, thus, reduced the units of Smt. Tara Devi and Shyam Nand Pd. (petitioner) to only one unit. When the matter came to the Board of Revenue all three petitions fi