Section 10 in The Kosi Area (Restoration of Lands to Raiyats) Act, 1951
10. Application objecting to delivery of possession or for recovery of possession.
(1)If the land mentioned in an order under clause (f) of sub-section (1) of Section 7 or any portion thereof was before the date of the commencement of the proceedings under Section 3, in possession of any person who had no notice of the proceeding in which the order for delivery of possession was passed, such person may make an application to the Collector -(a)in case possession of the land has not been delivered under sub-section (3) of Section 7, at any time after the passing of the order under clause (f) of sub-section (1) of Section 7, objecting to the delivery of possession of such land to the raiyat;(b)in case possession of the land has been delivered under sub-section (3) of Section 7, within one month from the date on which person is dispossessed, complaining of such dispossession.(2)On receipt of an application under sub-section (1), the Collector shall fix a date for investigating the matter and shall summon the party against whom the application is made to appear and answer the same.(3)If the Collector, after making such inquiry as he thinks fit, is satisfied that the land or any portion thereof was, before the date of the commencement of the proceedings under Section 3, in possession of the applicant on his own account or on account of some person who was not a party to the proceeding in which the order for delivery of possession was passed, the Collector shall hear the parties and determine whether such land or portion is liable to be restored to the raiyat under the provisions of this Act. In case the Collector finds that such land or portion is liable to be restored to the raiyat the Collector shall make such modifications as may be necessary in the order passed under sub-sections (1) and (3) of Section 7. But if the Collector finds that such land or portion is not liable to be restored to the raiyat under the provisions of this Act, the Collector shall not deliver possession of the same to the raiyat and, where possession of such land or portion has been delivered to the raiyat the Collector shall put the applicant in possession of the same.(4)Any person referred to in sub-section (1) shall not be entitled to any remedy except as provided in Section 16.
