Judgment S. B. Sinha and J JJ. 1. This application is directed against an order dated 15-9-1975 as contained in Annexure-1 to the writ application as also the notification dated 16-5-1975 as contained in Annexure-2 thereof. 2. Admittedly, a proceeding under the provision of Bihar Land reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred for the sake of brevity as the Act) was initiated as against one Had Sab, The geneology of the family of Hari Sah is as follows :- 3. The aforementioned land holder filed a petition claiming 9 acres 86 decimals of land when a draft statement was published. He in his objection as contained in Annexure-3 to the writ application has stated that the rest of the area should be excluded from the draft statement. 4. According to the petitioner, despite the same impugned order and notification as contained in Annexures-1 and 2 to the writ application have passed/issued. 5. The petitioner have purchased from the transferees of the respondent No.4, The petitioners case is that they have purchased various tracts of lands from the Respondent No.4 by reason of various registered sale deeds which are contained in Annexures-4 to 17 to the writ application. 6. It has been pointed out by the learned counsel appearing on behalf of the petitioners that same of the sales had taken place even prior to 22-10-1959 and others prior to 9-9-1970, i e the appointed day. 7. According to the learned counsel, so far as the deeds of sale which have been executed and registered prior to 22-10-1959 are concerned, the same would not come within the purview of the said Act The learned counsel further submitted that so far as the deeds of sale executed prior to 9-9 1970 are concerned, proceedings under Sec.5 (i) (iii) of the act were bound to be initiated and as admittedly no such proceeding had been initiated as against the petitioners nor notices have been issued against them, the impugned order must be held to be wholly illegal and without jurisdiction. 8. In support of his contention, the learned counsel appearing on behalf of the petitioners has relied upon a decision in Mahabir Prasad V/s. State of Bihar and others, 1975 BBCJ 701 . 9. In this case, no counter-affidavit has been filed on behalf of the state. 10. 8. In support of his contention, the learned counsel appearing on behalf of the petitioners has relied upon a decision in Mahabir Prasad V/s. State of Bihar and others, 1975 BBCJ 701 . 9. In this case, no counter-affidavit has been filed on behalf of the state. 10. From a perusal of the writ application, it appears that the purchasers have got their names mutated and the State granted rent receipts in their favour till the year 1981. 11. There cannot be any doubt that so far as the deeds of sale which have been executed and registered prior to 22-10-1959 are concerned, they do not come under the purview of the said Act. So far as the deeds of sale executed and registered prior to 9-9-1970 are concerned, the lands covered thereby can be tagged with the land held by the land holder only in the event a proceeding under Sec.5 (i) (iii) of the Act is initiated and a finding is arrived at that such transfers had been made inter alia with the object to defeat the provision of the said Act. 12. It is now well known in view of various decisions of the Court that Sec.5 (i) (iii) of the Act is a mandatory one. 13. As the statements made in the writ application to the effect that no such proceeding had been initiated as against the petitioner has not been controverted by the State, the same must be accepted as correct. 14. In this situation, this application is allowed and the impugned orders/notification as contained in Annexurcs-1 and 2 to the writ application are set aside. 15. The petitioners are, however, directed to file an application under section 45 (8) of the Act before the Collector, Araria district who shall call for the records of the case, re-open the proceeding, hold an enquiry or cause such an enquiry to be made under Sec.5 (i) (iii) of the said Act in presence of the land holder. 16. The Collector, Araria, shall, thereafter proceed to pass an order on the basis of the materials which may be brought on the records by the parties and pass an appropriate order in accordance with law. 17. 16. The Collector, Araria, shall, thereafter proceed to pass an order on the basis of the materials which may be brought on the records by the parties and pass an appropriate order in accordance with law. 17. It is made clear that the Collector shall issue notices and give an opportunity of hearing to Respondent No.4 so that in the event the deeds of transfers as contained in Annexures-4 to 17 arc held to be valid and genuine, appropriate steps for acquisition of other lands belonging the land holder may be declared as surplus lands of the land-holder. 18. The petitioner must file an application under Sec.45 (B) of the said Act within six weeks from today and the proceeding must be disposed of by the Collector within six weeks thereafter 19. The writ application is, thus, disposed of with the aforementioned observations. Application dismissed.