Choudhary, J.

1. This is an application under Article 226 of the Constitution of India.

2. The facts giving rise to the application, as alleged by the petitioner put briefly, are these:

3. Plot Nos. 383 and 1033 lying in village Lakshmipur, alias Tarauni, P. S. Bahera in the district of Darbhanga, were Gairmazrua Khas lands of the landlords, Sri Kaladharisingh and Sri Krishnanandsingh. These two plots are tanks. The petitioner took settlement of these plots from the aforesaid landlords in the year 1350 Fasli. The, settlement was made by granting receipts to the petitioner by the aforesaid landlords. The petitioner accordingly paid rent to them so long as the estate remained in their possession. Later on, their estates vested in the State of Bihar under the provisions of the Bihar Land Reforms Act (hereinafter to be referred to as the Act) and thereafter the petitioner paid rent to the State of Bihar in respect of the aforesaid plots in the year 1361 Fasli. The Additional Collector of Darbhanga (opposite party 2) purporting to act under Sec. 4 (h) of the Act passed an order annulling the aforesaid settlement and called upon the petitioner to give up possession of the plots i