P.S. Mishra and Bhuvaneshwar Prasad JJ.

1. Petitioner herein has invoked this Courts writ jurisdiction under Article 226 of the Constitution of India for a writ in the nature of Certiorari to quash the order of the Additional Collector at Deoghar, district Deoghar dated 8-12-1989 (Annexure-5). under which he has held that the petitioners lease-hold was valid until 1955 and since thereafter, his possession was illegally, the property accordingly stood reverted to the State, Zamabandi in the name of the petitioner was illegal and accordingly the same was ordered to be cancelled and Dy. Collector Land Reforms, Deoghar was directed to take possession of the property in question from the petitioner.

2. A Ghatwali Estate known as Rohini Estate was under Court of Wards, when on 3-2-1906 the Commissioner, Bhagalpur Division on behalf of Court of wards of the said Estate executed a lease for a period of 50 years in favour of one Sri Yogendra Nath Bose. The Law governing the rights and interests of Ghatwalis in the lands held by them at the relevant time was the Bengal Ghatwal Act, 1959 . Sec. 1 of the said Act recognised the right of the Ghatwals of Birbhum (as the area was then known) of granting leases of any period which they deemed conductive to the improvement of their tenures as was allowed by law to the proprieties of other lands, provided that no lease of Ghatwali lands for any period extending beyond the life time or incumbency of the grant of the lease was valid and binding on the successors of the grantor unless the same was granted for the working of mines or for the clearing of jungle or for the irrection of dwelling houses or manufacturers or for tanks, Canals or for similar works and approved by the Commissioner of the Division, such approval being certified by an endorsement of the lease under the signature of the Commissioner. Ssction-2 recognised the same rights in the court of wards and revenue authorities stating that, if any of the said Ghatwali lands be at any time under the superintendence of the court of wards or otherwise subject to the direct control of the Officers of the Government, it shall be lawful for the Court or the Commissioner to grant lease for any such purposes as aforesaid. Further the lease so granted shall be valid and binding on all future of the said lands anything in the existing law to the contrary notwithstanding."

3. The said lease thus, granted by the Commissioner, Bhagalpur Division., was acted upon and the Estate of Neelratan Bose, who was the father of the settlee, Yogendra Nath Bose, came in possession thereof. Neelratan Boses estate was later partitioned amongst the brothers of Yogendra Nath Bose and according to the petitioner the lease hold property in question fell in the share of one Eikkarinath Bose. Ekkarinath Bose having so acquired exclusive title, executed registered sale deed No. 3221 in favour of Onkarmal Jatia who was the lather of the petitioner. According to the petitioner Onkarmal Jatia developed the lands, constructed a house, a well and orchard and a garden and named the property as Hill View. Ever since his family members enjoyed peaceful possession of the property and their manager, servants and gardeners looked after the maintenance of the house, orchard, garden etc. Their peaceful possession resulted in recording of their name in the revenue records and Jamabandi Nos. 51/3 and 51/4. During the survey settlement in or about the year 1930. Their peaceful possession, however, received a jolt when they were served with a notice dated 3-8-1989 issued by the Dy. Commissioner, Deoghar in the name of Onkarmal Jatia, stating therein, that to moot the problem of accommodation of important visitors in the town of Deoghar, it had been resolved in the public interest that Hill view be taken on rent for six. months and accordingly, he was called upon to appear and give his terms and conditions. Onkarmal Jatia, however, had since died and succeeded by the petitioner and