NAVANITI PRASAD SINGH, J.:–This writ petition has been filed for challenging the order dated 31.01.1991 passed by the Collector, Nalanda in Miscellaneous (4(h) Case No 42 of 1989 as affirmed by the Divisional Commissioner by his order dated 03.01.1995 passed in Case No 42 of 1991 whereby the Jamabandi, standing in the name of the mother of the petitioner, has been cancelled.

2. There are two short issues as raised by Mr Md Waliur Rahman, learned counsel for the petitioners in support of the writ petition. His first contention is that no such power could be exercised in terms of Section 4 (h) of the Bihar Land Reforms Act, 1950 and secondly, in any view of the matter, the Collector though may be right in holding that the original cadastral survey khatiyan stood in the name of Nazir Shah, a Fakir and the estate was described as Fakirana, the Collector was wrong in assuming that it was a non-heritable estate.

3. Having considered the matter, in my view, on both the counts, the writ petition must succeed. First, if one refers to Section 4 (h) of the Act, it authorizes the Collector to enquire into and annul Jamabandis that were created after 01.01.1946 but this power is circumscribed by

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