B. S. Sinha, J.

1. In this application, under Article 226 and 227 of the constitution of India, the prayer of the petitioner is to quash Annexure 11, an order dated 17.6.1974, passed by the Collector of Saran, in Miscellaneous p. Case no.90 of 1973, by which he has directed the Circle Officer of Amnapur to issue a Parcha to respondent no.1, Rajpati Devi under the provisions of the Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as the Act) and also to grant her all protections to which she is entitled under the Act.

2. Plot no.1446 appertaining to Khata no.17 situated in village Dhorlahi kaithal within Amnaour police station having an area of 1 Katha 18 dhurs is the land in dispute. One Sheo Narain Ram son of respondent no.1 laid claim to this plot as a privileged tenant and in the year 1972 filed an application before the Circle Officer, Amnaour for a grant of a Parcha under the Act. The petitioner filed an objection to the aforesaid petition of the Sheo Narain Ram, on which the matter was referred to the Circle Inspector for inquiry, who after setting the matter inquired into by the Karmachanes concerned submitted a report dated 21 7 1972, co