Section 10(3) in The Kosi Area (Restoration of Lands to Raiyats) Act, 1951
(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.
