K. B. N. Singh, C. J.

1. In this writ petition the petitioner has prayed for quashing an order, dated the 2nd July, 1973 declaring Vishwanath Sah (respondent no.1) as a privileged tenant in respect of petitioners land a copy of which has been filed as Annexure 6. There is also a prayer for quashing the order dated 28th May, 1974, of the Collector of the district dismissing the appeal as no appeal lies to the Collector of the district against the order passed by an officer acting as Collector under the Act.

2. The short facts necessary for the disposal of this writ petition need be stated. On the 2nd of May, 1973, respondent no.1 filed an application before the Circle Officer, Mushari Anchal to the effect that since about seven years he has constructed a house on plot no.404 in village Majhouli under police station Dharmdas where he is living and that he has no other land. A prayer was, therefore, made that parcha under the Bihar Privileged Persons homestead Tenancy Act, 1947 (hereinafter to be referred to as "the Act") in respect of that land be issued in his favour and rent fixed in respect thereof after that petition there is a report dated 12th May, 1973, of Halka Karm-c