S.K.JHA, J.

1. In these two applications under Arts. 226 and 227 of the Constitution of India are involved some common questions arising out of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962), hereinafter referred to as the parent Act, and the amendments made therein by virtue of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1972 (Bihar Act I of 1973) hereinafter referred to as the amending Act Hence, this common judgment. Before setting out of the points raised at the Bar and the questions involved, it is worthwhile to state the facts relating to each of the two applications separately.

C. W. J. C. 1040/74

2. Petitioner No.1, Nalini Ranjan Singh, is the husband of petitioner No.2, Shrimati Usharani Singh, and the father of petitioner No. 3, Padmanabh alias Chetan, a minor. Petitioner No. 1 had a number of co-sharers all descending from his father Rukmini Raman Singh. In 1956 petitioner No. 1 instituted title suit 45 of 1956 in the Court of 1st Munsif, Sitamarhi, for declaration of title and recovery of possession with mesne profits in respect of some land