UDAY SINHA, J.

1. The common question of law falling for consideration in these four applications under Arts.226 and 227 of the Constitution is whether the markets of the petitioners located at Patna, Arrah, Bhagalpur and Piro vested in the State of Bihar consequent upon the vesting of their estates in terms of notification issued under S.3 of the Bihar Land Reforms Act. C.W.J.C. No. 613 of 1968 relates to Patna Market at Patna, C.W.J.C. No. 45 of 1968 relates to Gudari Bazar in the town of Arrah, C.W.J.C. No. 387 of 1968 relates to Hassan Bazar to Piro and C.W.J.C. No. 330 of 1968 relates to Bazar known as Tilak Babu Ka Hat" in the town of Bhagalpur.

2. The markets mentioned above are the main marketing centres in the towns where they are located. By separate notices the proprietors were called upon to handover possession of the markets. The four writ applications will be disposed of by this common judgment. The vires of any provision of the Bihar Land Reforms Act (hereinafter referred to as "the Act") has not been questioned. The contention urged on behalf of the petitioners shortly put is that the properties of which possession is sought to be taken over by the State are buildings and not Bazar and buildings did not vest. It is not disputed that Hat and Bazar vested upon the issuance of notification under S.3 of the Act. But since there is no Bazar, but only buildings let out to several tenants, they did not vest. In C.W.J.C. No. 613 of 1968 which relates to Patna Market, the further plea is that it was a homestead at one point of time prior to the abolition of zamindari and, therefore, it was homestead on the day of issuance of notification. The submission is that being homestead, the properties must be deemed to have been settled back with the ex-proprietor in terms of S.5 of the Act.

3. Before embarking upon consideration of the submissions urged at the Bar, it would be appropriate to set out the relevant provisions of the Statute. The long title of the Act reads as follows :

"An Act to provide for the transference to the State of the interests of proprietors and tenure-holders in land and of the mortgagees and lessees of such interests including interests in trees, forests, fisheries, jalkars, ferries, hats, bazars, mines and minerals and to provide for the constitution of a Land Commission for the State of Bihar with powers to advise the State Government on the agrarian policy to be pursued by the State Government consequent upon such transference and for other matters connected therewith. Whereas it is expedient to provide for the transference to the State of the interests of proprietors and tenure-holders in land and of the mortgagees and lessees of such interests including interests in trees, forests, fisheries, jalkars, ferries, hats, bazars, mines and minerals and to provide for the constitution of a Land Commission for the State of Bihar with powers to advise the State Government on the agrarian policy to be pursued by the State Government consequent upon such transference and for other matters connected therewith."

Sec.3 of the Act lays down that the State Government may issue notification vesting estates or tenures in the State. S.3(1) reads as follows :

"(1) The State Government may, from time to time, by notification, declare that the estates or tenures of a proprietor or tenure-holder, specified in the notification, have passed to and become vested in the State."

Section 4 lays down the consequences of the vesting of an estate or tenure in the State. The consequences are enumerated in sub-sections (2) and (3). Sub-sections (2) and (3) of S.4 read as follows :

"(a)(2) Such estate or tenure including the interests of the proprietor or tenure-holder in any building or part of a building comprised in such estate or tenure and used primarily asoffice or cutchery for the collection of rent of such estate or tenure, and his interests in trees, forests, fisheries, jalkars, hats, bazars, and mela and ferries