Section 28 in The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963
28. Determination of the amount due to the mortgagee or the charge holder.
(1)On receipt of the statement of claim the Collector shall serve a notice in Form L.C. 25 on the land-holder concerned together with a copy of the statement of claim filed by the mortgagee or the charge-holder and call upon the land-holder to file a written statement within fifteen days of the service of the notice or such further time as the Collector may allow.(2)If the claim is admitted by the land-holder, the Collector shall pass an order in writing deciding the claim and recording the reasons for his decision.(3)When there are two or more mortgagees or charge-holders the Collector shall also settle the order in which each claimant is entitled to receive the amount due to him and, in so doing, he shall be guided by the appropriate provisions of the Transfer of Property Act, 1882 (Act IV of 1882).(4)If the claim is not admitted by the land-holder, the Collector shall give reasonable opportunities to both the parties for adducing evidence and of being heard and then proceed to determine the principle and the interest and decide the claim accordingly after recording the reasons therefor.(5)If the land-holder fails to submit his written statement without any just or reasonable ground within the period of 13 days of the service of the notice or such further time as the Collector may allow, the Collector may proceed to determine the claim ex-parte.(6)The Collector shall record a summary of the evidence tendered and briefly state the reasons for coming to a decision regarding the principle amount and the interest.(7)Save as is otherwise expressly provided in these Rules, the Collector shall, in hearing and disposing of the claim of a mortgagee or a charge-holder filed under sub-section (1) of Section 25, or of any objection which may be made in regard thereto, follow, as far as may be practicable, the same procedure as is provided in the Code of Civil Procedure, 1908 (Act V of 1908) for the hearing and disposal of suits.
