P. S. Sahay, J.

The petitioner has moved this Court under Article 226 of the Constitution of India for quashing the orders passed by the Land Reforms Deputy Collector (respondent 2) as contained in Annexure 5, cancelling the Jamabandi no. 342 of the petitioner.

2. In order to appreciate the points it will be necessary to state some facts. Khata No. 250; Khesra No. 1007 of Tauzi No. 7368 of village Balha belonged to the then landlord Rai Bahadur Dilip Narain Singh. In the year 1938 Fasli the said plot of land was settled with Doe Mohiuddin by means of receipt. He was a settled raiyat of the village and he acquired the status of an occupancy raiyat. He also paid rent and the petitioner has filed a copy of the rent receipt, marked as Annexure 7. On 10.7.67, the petitioner purchased from Mohiuddin 14 bighas 7 kathas of land out of the total area of 17 big has 8 kathas and 19 dburs of Khata no. 259; 10 kathas was settled with one Charitar Paswan and the remaining area was settled with other persons. The petitioner was in cultivating possession of the land: and he filed a petition on 17.10.70 for mutation before the Anchal Adhikari. Chautham. A copy of the aforesaid petition has