JUDGMENT

GUPTA, J.:— This appeal by certificate under Article 133 (1) (a) of the Constitution granted by the Patna High Court arises out of a proceedings under Section 3 of the Kosi Area (Restoration of Lands to Raiyats) Act, 1951 (thereinafter referred to as the Act). By the order challenged in this appeal the High Court allowed a writ petition filed by the first respondent setting aside an appellate order under Section 16 and restoring the original order passed on an application under Section 3 of the Act. To appreciate the nature of the dispute between the parties, it would be more convenient to refer to the relevant provisions of the Act before we turn to the facts of the case.

2. The Act was passed, as its long title and preamble show to provide for

"the restoration to former raiyats of certain lands which were sold for arrears of rent or from which they were ejected for arrears of rent or which were treated as abandoned, between the 1 st day of January, 1939, and the 31st day of December,1950, in the absence of the raiyats due to floods in the Kosi River."

Section 3 of the Act is in these terms:"

Steps to be taken for restoration of land to raiyats.- If the holding of a raiyat