S.K.Homchaudhuri, J.

1. This petition is directed against the order dated 10.11.1995 passed by the Collector, Purnea, on an application of the petitioner under Sec. 37 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter mentioned as the Act) registered as Misc. Ceiling Case No. 38 of 1993 holding that in view of deletion of Sec. 37 of the Act by Sec. 3 of the Bihar Ordinance 20 of 1995, the authority of the Collector to consider the application under Sec. 37 has come to an end.

2. Being aggrieved by the inclusion of the plots of land he purchased from different persons, in the area of land declared surplus in the hands of Sita Devi under the provisions of the Act for the purpose of acquisition as per notification dated 20.5.1992 published in Purnea District Gazette dated 25.5.1992, the petitioner approached this Court in C.W.J.C. No. 320 of 1993 for necessary relief. This Court, by order dated 21.1,1993, disposed of the petition with the observation that the petitioner might file an application under Section 37 of the Act within three weeks from the date of receipt of copy of the order and the Collector would dispose of the said application within four weeks thereafter. The petitioner accordingly filed and application under Sec. 37 of the Act on 15.2.1993 which was registered as Misc. Ceiling Case No. 38 of 1993. The Collector did not dispose of the said application and the application remained pending disposal for a long time. In the meantime by Sec. 3 of the Bihar ordinance 20 of 1995, provision of Sec. 37 of the Act was deleted.

3. From a perusal of provision of Sec. 3 of the Bihar Ordinance 20 of 1995, it is apparent that Sec. 37 of the Act was deleted prospectively and not retrospectively. The question arises whether the petitioners right of necessary relief in the application under Sec. 37 of the Act filed prior to coming into force of Ordinance No. 20 of 1995 has disappeared or not.

4. I have heard learned Counsel for the petitioner and Mr. J. Rahman, learned Government pleader No. 7.

5. Learned Counsel for the petitioner submits that Sec. 37 of the Act having been deleted by the Ordinance No. 20 of 1995 prospectively Collectors jurisdiction to consider and dispose of the application under Sec. 37 of the Act filed before the Ordinance No. 20 of 1995 came into force has not been obliterated. In support of his contention the learned Counsel for the petitioner has drawn my attention to a decision of a Division Bench of this Court in the case of Sumangali Kumari V/s. The State of Bihar, reported in 1978 Bihar Law Judgment, Page-746. In para-3 of the decision in the said case this Court held:

the short and important question that falls for consideration in the instant case is whether after deletion of the original Sub-sec. (3) of Sec. 15 of the Act by Bihar Ordinance No. 219 of 1976, the petitioners right to file an appeal against an order under Sec. 15(3) of the Act also disappeared or not. Sec. 30 of the Act which deals with appeals, reads as follows, after the amendment made by Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976).

(1) An appeal from any final order passed by any officer below the rank of the Collector of the district while discharging the functions of a Collector of the district or any other officer specially authorised in this behalf by the State Government within thirty days of such an order".

(2) An appeal from any final order passed by the Collector of the district shall lie to the Board of Revenue within thirty days of such order" and

(3) An appeal under this Section shall be heard and disposed of in the prescribed manner.

This amending Bihar Act 22 of 1976 was published in the Bihar Gazette a day earlier than Bihar Ordinance No. 219 of 1976 i.e. on the 1st November, 1976. From the above provisions it is apparent that there is a right of appeal from any final order pas