1. - In this writ application, the petitioners have, inter alia, prayed for a declaration that the provisions of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962) as amended by the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Amendment Ordinance, 1975 (hereinafter called the Ceiling Act) and particularly the provisions for payment of compensation are ultra vires the Constitution of India, illegal, void and of no effect and the same should be set aside.

2. The facts of the matter lie in a very narrow compass. By reason of two registered indentures dated 17/11/1961, the then trustees of a trust known as "Subarnrekha Agricultural Estates" acquired two Tea Estates commonly known as "Palandu Tea Estate" and "Sabaya Tea Estate" together with tea bushes, plantations, standing trees, buildings factory and other properties situate in different villages in the district of Ranchi.

3. According to the petitioners, the tea bushes and the standing trees are very valuable and the petitioners process the tea leaves at its factory for manufacturing and processing. The petitioners allegedly used to produce green tea and export the same.

4. Admittedly, the aforementioned two tea estates in question comprised of lands measuring 1922.79 acres. According to the petitioners out of the aforementioned area, 900 acres of land were under the tea cultivation and there were about 7,96,096 tea bushes or shrubs in the said estates.

5. By reason of a notification dated 12-12-1974 issued under Sec. 10(2) of the Ceiling Act by the respondent. No. 2 about 1642.19 acres of the said lands ware purported to have been declared surplus. The petitioners filed an objection to the said draft statement and by an order dated 1-1-1974 passed by respondent No. 2, the said objection of the petitioners was rejected.

6. The petitioners preferred an appeal before the Commissioner, South Chotanagpur Division at Ranchi against the said order which was marked as Land Ceiling Appeal No. 89 of 1974 and by an order dated 3/07/1975, the said appeal was dismissed. The petitioners, thereafter preferred a revision application against the appellate order which was registered as Ranchi Land Ceiling Revision No. 344 of 1975, and by an order dated 22-1-1975 the said application was also dismissed.

7. Thereafter, an application under Articles 226 and 227 of the Constitution of India was filed in this Court, which was marked as C.W.J.C. No. 2625 of 1975. During pendency of the said C.W.J.C. No. 2625 of 1975, on 27/12/1975 final notification under S. 15(1) of the Ceiling Act was issued, which has beep marked as Annexure-3 to this writ application.

8. By order dated 2/08/1975, passed in C.W.J.C. No. 2625 of 1975, this Court held that the authorities did not apply their mind to the question as to whether 9.06 acres of land on which the tea factory stood is land as defined in Sec. 2(f) of the Ceiling Act and that required reconsideration. The writ petition was allowed with regard to that land. With regard to the rest of the land, the writ petition was permitted to be withdrawn to enable the petitioners to pursue the representation that they had filed in which they had stated that the tea industry of the petitioners earned foreign exchange and it would close down if only 41 acres of land are allowed to remain with the petitioners. Copy of that order has been annexed as Annexure-2 to the writ petition.

9. By letter dated 18-3-1978, copy of which is Annexure 4 to the writ petition, respondent No. 5 informed the petitioners that if they wanted to purchase the tea leaves, they would appear before him. On 16-2-1978 the petitioners applied under Sec. 23 of the Ceiling Act before respondent No. 2 in which they demanded compensation of rupees eightyseven thousand and odd being the value of the tea bushes and said trees standing on the land. Having got no relief, the petitioners filed this present writ pe