These three writ applications, being interconnected, have been heard together and are being disposed of by a common judgment. C.W.J.C. No. 1134 of 1974 has been filed by one Mahanth Sunder Giri. The petitioners in C.W.J.C. No. 1132 of 1974 and 1133 of 1975 claim to be settlees from Mahanth Sunder Giri.

2. It appears that a case record under the Bihar Land Reforms (Fixation of Celing Area and Acquisition of Surplus Land) Act, 1961 (here in after referred to as the Act) was opened on the 5th March, 1965 and a general notice under section 6 of the Act, was issued. By the said notice, big land-holders were required to file their returns within 90 days. Mahanth Sunder Giri, who according to the respondents, owns about 700 bighas of Land, did not file any return. The case of Mahanth Sundar Giri is that he was not aware of any such notice. Be that as it may, on the basis of certain information gathered, the Deputy Collector Incharge Land Reforms, Sonbarsa (hereinafter referred to as the 'D.C.L.R,') on the 1st August, 1970 started case No. 279 of 1970-71 against Sunder Giri and ordered that a notice under section 8 (i) of the Act, should issue to him immediately calling upon him to submit return in Form No. LC (II) within 60 days of the service of the notice. On the 4th August, 1970, the D.C.L.R. directed the Anchal Adhikari, Sonbarsa to submit a detailed information under section 7 of the Act, after making an enquiry, with regard to the lands held by Sundar Giri, by the 10th August 1970. In this order he referred to the proceeding of 1965 in which general notice under section 6 of the Act, h d been issued. On the 10th August, 1970, the D.C.L.R. after examining the information report of the Anchal Adhikari, Sonbarsa ordered for furnishing more details immediately so that categories of the lands of Sunder Giri might be known. On the 13th August, 1970, he examined the further report of the Anchal Adhikari and ordered for making a draft statement under section 10 of the Act. From this order it appears that Sunder Giri was found to be holding 607 acres of land, out of which he was entitled to retain 30 acres only, besides 2.95 acres of orchard and 5'87 acres of homestead lands. On he 14th August, 1970, the draft statement under section 10 of the Act, was prepared and published. The order-sheet dated the 18th August, 1970 shows that service return of the draft statement on Sunder Giri was received on that date. Learned counsel for the petitioners pointed out that this ordersheet states incorrect facts as the service report throws doubt about the service of notice of the draft Statement on Sunder Giri on or before the 18th August, 1970.

3. The case of petitioner Sunder Giri is that, when he came to learn of the issuance of the draft statement, he filed an appeal before the Commissioner against the order, dated the 14th August, 1970, according to which the draft statement was prepared and published. During the pendency of that appeal before the learned Commissioner, on the 17th December, 1970 Sunder Giri filed a return of the lands held by him. This was done under orders of the Commissioner. On the 23rd December, 1970, the Commissioner sent the return to the collector, and, on the 3rd February, 1971, the collector, in his turn, sent the return to the D.C.L.R. Ceiling Case No. 5 of 1971 was started by the D. C. L. R. on the basis of that return, and the Anchal Adhikari was directed to make a report. Without waiting for the disposal of that case, on the 17th May, 1971, the final publication under section 1 of the Act, was ordered. Thereafter, it appears that Sunder Giri filed an application before the Collector for staying distribution and settlement of the lands which were to be declared as surplus lands. Several objections were also filed before the collector, by the petitioner of C.W.J.C. No. 1132 of 1974 and the petitioners of C.W.J.C. No. 1133 of 1974, in which they stated that the lands claimed by them were settled wit