SARWAR ALI, J.

1. In this writ application petitioners challenge the vires of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (the Act). But before dealing with the contentions raised, I may state the relevant facts leading to the filing of this writ application. I would also indicate the relevant statutory provisions. The facts :-

2. The petitioners filed Title Suit No. 103 of 1966. The suit was pending in the court of the Additional Subordinate Judge, Muzaffarpur, when the impugned order contained in Annexure-5 was passed. In the suit the petitioners-plaintiffs alleged that certain alienations made by defendant 1st party in favour of defendant second party were not binding on the plaintiffs. It was therefore, prayed that the said alienations be set aside and the plaintiffs be put in possession of the properties mentioned in Schedule I to the plaint. The properties in the suit are situate in several villages. In all these villages according to the finding of the learned Additional Subordinate Judge, consolidation proceedings are going on. An application was filed on behalf of the defendants stating that consolidation operation had commenced in all the village where the lands involved in the suit are situate. It was, therefore, prayed that it should be held that the suit has abated under the provisions of S.4(c) of the Act. A rejoinder was filed to this application. After hearing the parties, the suit has abated. The order of the learned Subordinate Judge is contained in Annexure-5. It is this Annexure, which the petitioners pray, be quashed.

Statutory provisions :-

3. The long title itself and the preamble of the Act clearly reflect the purpose of the Act. It is to provide for consolidation of holdings and to prevent fragmentation of land. S.3 of the Act empowers the State Government to declare by notification in the official gazette its intention to make a scheme for consolidation of holdings in the area mentioned in the notification. S.4 of the Act deals with the effect of notification aforesaid, S.4 of the Act reads as follows :-

"4. Effect of notification under S.3(1) of the Act :-

Upon the publication of the notification under Sub-Sec. (1) of S.3 in the official gazette the consequences, as hereinafter set forth, shall subject to the provisions of this Act, from the date specified in the notification till the close of the consolidation operation, ensue in the area to which the notification relates, namely :- (a) the district or part thereof, as the case may be, shall be deemed to be under consolidation operations and duty of preparing and maintaining the record of rights and the village map of each village shall be performed by the Director of Consolidation, who shall prepare or maintain them, as the case may be, in the manner prescribed;

(b) no suit or other legal proceeding, in respect of any land in such areas shall be entertained in any court, and in calculating period of limitation applicable to such suits and proceedings such period shall not be counted; Provided that nothing in this clause shall apply to any proceeding under S.48-E of the Bihar Tenancy Act, 1885 (Act 8, 1885) and to the proceedings relating to the recording of the titles of Bataidars :-

(c) every proceeding for the correction of records and every suit and proceedings in respect of declaration of rights or interest in any land lying in the area or for declaration adjudication of any other right in regard to which proceedings can or ought to be taken under this Act, pending before any court or authority whether of the first instance or of appeal, reference or revision, shall, on an order being passed in that behalf by the court or authority before whom such suit or proceeding is pending, stand abated; Provided that if the State Government empowers any other officer appointed under this Act to dispose of any proceeding relating to survey settlement operations under the provisions of Chapter X of the Bihar Tenancy