Section 38(1)(iii) in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
(iii)If no selection is made by the said person within the time allowed by the Collector or if the selection made is not accepted by the Collector on the ground that the land is encumbered, the Collector shall determine which particular land should be declared as the excess land for the purpose of this section.