P.S.Sahay, J.

1. The petitioners have moved this Court for quashing the order of the Deputy Commissioner, Dumka, dated 13-7-1982. as contained in Annexure-10, passed as an appellate Court in a proceeding under Sec. 4 (g) of the Bihar Land Reforms Act (hereinafter referred to as the Act) setting aside the order of the Deputy Collector, Land Reforms, Sahebganj, dated 17-8-1970, as contained in Annexure-9.

2. Before coming to the points which have been raised in this application it will be necessary to refer same material facts. The lands in dispute relate to plot No. 159 situated in Mauza Hajipur Bisbrampur in the district of Samthat Parganas having an area of 387 bighas 16 kathas and 8 dhurs of land. This was recorded as Simoltala Jhil in a private rent settlement of the year 1912 as Gair Mazrua Malik. A copy of the record of rights prepared in the year 1912 has been filed and marked Annexure-8. The lands aforesaid belonged to the Grants Estate whose proprietors generally lived in England and the properties were managed through Manager. Shiv Sagar Rai, ancestor of the petitioners, filed an application in form-A before the Manager for the purpose of settlement of raiyati land