S. B. Sinha, J.

1. This application is directed against the orders dated 27-11-1976 and 11-1-1977 as also the paroha granted in favour of the respondent No.3 by respondent No 2 purported to be in exercise of power conferred upon him under the Bihar Privileged Persons Homestead Tenancy act, 1947 (hereinafter to be referred to as the said Act) as contained in annexures-4 and 4/a respectively to the writ application.

2. Shortly put the fact of the matter is as follows.

3. The lands in question being plot No.3480 appertaining to khata no.489 of village Hasapur measuring 3 decimals was recorded in the name of Sri Saral Bania in Survey Settlement records of right.

4. Respondent No 3 filed an application for, grant of Basgit Parcha in respect of the said land. The said application was put up before respondent No.2. who is Collector under the said Act on 27-11-1976 alongwith the recommendations of the Halka Karamachari through the circle Inspector in Form No, XXVI. The Anchal Amin had also made recommendations in favour of the applicants.

5. The raiyat concerned allegedly was given notice. On the next dated fixed i. e.11-1-1977 the respondent No.2 allowed the said application purpo