HARI LAL AGRAWAL, J.

1. The petitioners have obtained a rule from this Court as to why the order passed by the respondent Deputy Collector, Land Reforms, Samastipur, dated 10-7-1976, (Annexure-1) under Sec.12 of the Bihar Money Lenders Act, 1975, be not quashed and cancelled. The said order was passed on an application of respondents Nos. 4 to 8 who are the purchasers of the equity of redemption of the usufructuary mortgage bond dated 5-3-1915, executed by the original owner of the lands in question, namely, Nirsu Chamar. The said mortgage bond was executed in favour of the ancestors of the two petitioners, namely, Bhabi Mahto and Bikan Mahto, for a sum of Rs. 794/- A copy of the mortgage bond bas been made Annexure-2 to the writ application.

2. When the matter was placed earlier before a Division Bench of this Court consisting of H.P. Jha and V. Mishra, JJ., it was contended on behalf of the petitioners that since the mortgage itself was not subsisting, and the right of redemption having been lost to the mortgagor by lapse of time, the application under Sec.12 of the Money Lenders Act was not maintainable, Reliance was placed in support of this contention on a Bench decisi