S.K.JHA, J.

1. In these two applications under Arts. 226 and 227 of the Constitution of India is involved an identical question of law. The point to be decided is as to the true scope and purport of the provisions of S. 48-F of the Bihar Tenancy Act (hereinafter to be referred to as the Act), Both these applications are directed against an order passed by the Additional Collector in the purported exercise of his powers under S. 48-F of the Act. I shall therefore, first deal with the facts of C. W. J. C. No. 320 of 1974 and after having decided the question of law involved shall merely refer to the distinct facts of C. W. J. C. No. 326 of 1974.

C. W. J. C. No. 320 of 1974 :

2. The petitioner claims to be owning 40 acres of land situate in the hilly tracts at the foot of Rajgir hills evidently unirrigated. The petitioner has three sons, who in accordance with Explanation IV of S. 48-C of the Act are to be treated as separate. Respondents 3 to 9 claiming to be under-raiyats under the petitioner landlord filed applications before the Deputy Collector Incharge Land Reforms (respondent No. 2) for initiation of proceedings under S. 48-E of the Act. They complained that they were b