Judgment 1. This is an application under Arts.226 and 227 of the Constitution for the issuance of a writ of certiorari quashing Annexures 10 and 11. Annexure 10 is an order dt. 5-9-1982 passed by the Anchal Adhikari, Bhabua in Privileged Persons Homestead Tenancy Act Case No. 1 of 1982-83 granting parcha to respondent No. 4 Bankey Lal Ram in respect of 2 decimals of land in Ward No. 4 of Bhabua Municipality appertaining to Khata No. 221, Plot No. 147/520. An application was filed in that behalf by respondent No. 4 Bankey Lal Ram for grant of parcha under the Bihar Privileged Persons Homestead Tenancy Act (hereinafter referred to as "the Act"). Annex. 11 is the parcha in form G granted to respondent No. 4. 2. The short question which has been raised by Mr. Jagdish Pandey is that the relevant provision of the Act does not apply to a Municipal area and, therefore, the order passed by the authorities concerned is illegal and without jurisdiction. 3. Bhabua Municipality where the land is situate was established on 15-1-1984 vide Notification No. 147/N of the then Government of Bengal. It is not anybody"s case that the land in question is not within the Municipal area. In fact, it also appears from the impugned order (Annexure 10) that the land is within the Bhabua Municipality in Ward No. 4. The question, therefore, is whether any order could be passed by the respondent Anchal Adhikari in respect of this land under the provisions of this Act. 4. While making this law, the Legislature intended "to make better provision on certain subjects relating to law of landlord and tenant in respect of homestead held by certain class of persons in rural areas of the province of Bihar" (see preamble). Sec.3(b)(i) of the Act provides that this Act shall not apply to any area which has been or may hereafter be constituted a Municipality or a Notified Area Committee under the provisions of the Bihar and Orissa Municipal Act 1922 or Union Committee constituted under S.38 of the Bihar and Orissa Local Self Government Act 1885. It is apparent, therefore, that the Act has no application to any area of land which is situate within a Municipality or a notified Area Committee. It is apparent, therefore, that the Act has no application to any area of land which is situate within a Municipality or a notified Area Committee. The land in dispute is situate within the area of Bhabua Municipality which was established as far back as in 1884 and must be held to be out of the reach of this Act. The respondent authorities could not take recourse to the provisions of this Act for the purpose of granting a parcha to respondent No. 4 in respect of the disputed land. On this ground alone, this application must succeed. The order contained in Annex. 10 and the parcha, Annex. 11 are accordingly quashed and set aside. The result is that the application is allowed, but without costs.