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