PRABHA SHANKER MISHRA, J.

1. Can this Court entertain a writ application and exercise its powers under Arts.226 and 227 of the Constitution after the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987), hereinafter to be referred to as the Act, which has created the Bihar Land Reforms Tribunal and barred the jurisdiction of all courts, except the Supreme Court under Art.32 and under Art.136 of the Constitution is a question which this court must determine before the petitioners case is considered by it.

2. The petitioner has questioned the validity of Ss.53(3), 54, 55 and 59 of the Act and has contended that the Tribunal constituted under S.50 of the Act a not a real substitute of the High Court; the State Legislature has gone beyond its competence in saying that every order passed by the Tribunal shall be final and shall not be called in question in any court including the High Court under Art.226 or 227 of the Constitution and that no writ shall lie in the High Court to set aside or modify any proceeding or order taken or made by any authority, appellate Court, the Board of Revenue and the Tribunal and excluded the jurisdiction of all courts except the jurisdiction of the Supreme Court under Art.32 and Art.136 of the Constitution.

3. The Amendment Act which was published in the Bihar gazette(Extraordinary) No. 185 dt. 20-4-1987 has contemplated in S.48 thereof the Constitution of the Tribunal under Art.323-B of the Constitution for land reforms matters. The said provision states that the authority referred to in Cl.(b) of S.2 of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, the appellate authority referred to in S.30 thereof and the Board of Revenue referred to in S.32 thereof and the Bihar Land Reforms Tribunal constituted under S.50 of the Amendment Act shall be the hierarchy of Tribunals for the purpose of sub-cl. (a) of Cl.(3) of Art.323-B of the Constitution for adjudication or trial of any disputes or complaints with respect to land reforms matters arising under the Act. It has then defined Chairman to mean Chairman of Bihar Land Reforms Tribunal and member to mean member of the Bihar Land Reforms Tribunal in S.49 and provided for the constitution of the Bihar Land Reforms Tribunal consisting of a Chairman and two other members appointed by the State Government in S.50 thereof. S.50 states :-

"Constitution of the Bihar Land Reforms Tribunal - (1) the State Government shall, by notification in the official Gazette constitute for the State a Tribunal called the Bihar Land Reforms Tribunal (hereinafter referred to as the Tribunal) for the purpose of this Act.

(2) The Tribunal shall exercise the powers and functions conferred on it by or under the Act.

(3) The Tribunal shall consist of a Chairman and two other members appointed by the State Government.

(4) No person shall be qualified for appointment - (a) as Chairman of the Tribunal unless he is or he is qualified to be appointed as or he has been a Judge of a High Court.

(5) as a member of Tribunal unless he has been (i) the Secretary to Government Law Department, or the District and Sessions Judge for a period of not less than three years; or (ii) an Officer of the Government not below the rank of Commissioner and Secretary to Government, whether in the Secretariat or, elsewhere, and who has dealt with Land Reforms measures during his service in the Government in any capacity for a period of not less than one year in the aggregate.

(6) Any vacancy in the office of the Chairman, or any member shall be filled by the Government in accordance with the provisions of this Chapter."

Section 51 prescribes the terms and conditions of service of Chairman and member, saying that no person shall be appointed or shall continue in the office of the Chairman if he has attained the age of sixty-five years and no person shall be appointed or shall continue in the off