N. Pandey, S. K. Singh, JJ.

1. The petitioners in this application have questioned the validity of a notification dated 2.11.1993 issued by the State Government under Section 4-A of the Bihar Consolidation of holdings and Prevention of Fragmentation Act, 1956 (here in after referred to as the Act), cancelling the notification of the Land Reforms department, issued under Sec.3 of the Act with respect to the areas specified in Schedule I annexed with the said notification.

2. Petition No.1 is an Association of Advocates generally practising in the Directorate of Consolidation. Petitioner No.2 is the President of the said Association.

3. We have, heard the learned advocates for all the parties, as also perused the writ application and the counter-affidaivt. Therefore, the writ application is being disposed of at the stage of admission itself.

4. Admittedly, in various parts of the State of Bihar, with a view to effect consolidation of holdings for the purpose of better classification of lands, the State Government issued a notification under Sec.3 of the act, showing its intention to make scheme for consolidation of holdings in such areas. Pursuant to such notification, the consolidation operation started in different areas of this state. Several Schemes were finally published, Khatians were distributed and even in certain areas, notification under Sec.26-A of the Act for close of the consolidation operation was also issued. Besides the aforesaid, a large number of cases in which final orders passed by the consolidation authorities were challenged, eiher before the appellate authority or before the revisional authority. There were certain areas in which after formation of Chaks, parties were handed over possession. In certain areas lands-for construction of roads, canal etc. were carved out even in certain areas, roads were also constructed. In the meantime, it appears, the Chief Minister of the State made a statement on the floor of the legislative Assembly that the consolidation scheme shall not be given any further effect in the State. Consequent to , such assurance, the deputy Secretary of the Revenue and land Reforms Department, issued a letter dated 16th July, 1992 to the director, Consolidation, Bihar, Patna, to postpone the scheme of consolidation operation in the entire State of Bihar.

5. The petitioners questioned the validity of the aforesaid decision of the authority before this court in c. W. J. C. No.7237 of 1992. A Bench of this Court, having examined all the facts and circumstances of the case, held that the State of Bihar in exercise of its executive power had no jurisdiction to suspend the operation of a legislative Act. The same could only be done in exercise of its legislative power. Admittedly, no notification was issued under Section 4-A of the Act by the State Government. Accordingly, the letter dated 16.7.1992 was quashed on 21.5.1992.

6. Thereafter the impugned notification under Sec.4-A of the act was issued by the State Government under the seal of the Governor. It would be useful to quote the english version of the notification hereunder:

"in exercise of powers conferred by section 4 (A) of the Bihar Consolidation of Holding and Prevention of Fragmentation Act, 1956 the Governor of Bihar is pleased to cancel Revenue and Land reforms Department Notification issued under Sec.3 of the said Act enclosed as Schedule to this notification in respect of the areas specified in the Schedule-I annexed hereto with effect from the publication of this notification. "state Government has been apprised to various shortcomings in the existing Act and its implementation. For rectification of those shortcomings government desire to review the execution of the scheme afresh. The notification is, therefore, issued in that direction for the areas specified in the Schedule II annexed with the notification. State Government wishes to issue an amended Act/ordinance in which there will be provisions for rectification of