M.P.VARMA, B.P.JHA
Mohd. Yunus – Appellant
Versus
State Of Bihar – Respondent
B.P.Jha, J.
1. In a writ application, these petitioners pray for quashing Annexures 4 and 5. Annexure 4 contains an order passed by the Deputy Collector, Land Reforms, and Annexure 5 contains an order passed by the Commissioner in revision.
2. The relevant facts are these:
On 19th December, 1925, Soney Lal Choudhary, Ras Bihari Choudhary, Sons of Gopal Choudhary, and Siaram Choudhary Son of Janak Lal Choudhary executed a usufructuary mortgage bond, which was registered on 2nd January, 1926, in favour of Sk. Bhikhari, with respect to 5 bighas 7 kathas 2 dhur of land, for a loan of Rs. 425/-. The heirs of Soney Lal Choudhary and Siaram Choudhary applied under Sec.12 of the Bihar Money Lenders Act, 1974 (Bihar Act XXII of 1975 hereinafter referred to as the Act), for recovery of possession of the mortgaged lands. The President gave assent to this Act on 20th March, 1975, and it came into force at once. By Annexure 4, the Land Reforms Deputy Collector directed the heirs of the mortgagee, the petitioners, to deliver possession of the mortgaged lands to the heirs of the mortgagors (respondents Nos 4 and 5). The petitioners preferred a revision application before the Commissioner
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