By Court

A proceeding under the provision of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, was started against petitioner no.1. Thakur Girja Nandan Singh. After service of the draft statement the petitioner filed objection under section 10 (3) of the Act. The same has been disposed by of the Sub-divisional Officer, Sitamarhi, on 29. 2.1976. A copy of the aforesaid order is Annexure 5 to the writ application. The petitioner went in appeal against the aforesaid order which was disposed of on 17.5.1976 by the Collector under Annexure 6 to the writ application. Thereafter the petitioner moved in revision before the Board of Revenue. The revision application has been disposed of by Annexure 7 by the Additional Member. Board of Revenue The petitioners pray for quashing of these annexures.

2. Four contentions have been raised in this court and we shall deal with each of them separately.

3. Learned Counsel for the petitioners contended that by a registered deed of gift dated 29.3.1963, 61.59 acres of land were gifted by petitioner no.1 in favour of his three daughters. This gift was under the permissive provision of section 5 (5) of the Act. Th