(1.) In this application the Petitioner has prayed for quashing of the order contained in annexures '1' to '3' passed by Respondent Nos. 2 to 4 dismissing the application of the Petitioner under the Bihar Money Lenders Act, 1974 (hereinafter referred to as 'the Act').
(2.) In short, the case of the Petitioner is that Respondent No. 5 executed four mortgage bonds in his favour the details of which, have been mentioned in paragraph 3 of the writ application. Respondent No. 5 filed Case No. 187/81 of (Rehan) in the court of the Dy. Collector incharge Land Reforms, Sasaram (Respondent No. 4) claiming redemption of full satisfaction by virtue of expiry of 7 years from the date of the execution of the said mortgage deeds. The Petitioner appeared and filed his show cause in which it was contended that by notification no S.O. 207 dated 13.2.1981 published in the Bihar Gazette (Extraordinary) No. 204 dated 13.2.1981 small land holders have been exempted from the purview of Section 12 of the Act and as such, the Petitioner being small land holder holding 5 acres of land, is entitled for the exemption from the rigours of Section 12 of the Act. The general law under the Transfer of Property Act is applicable regarding the said mortgage bonds.
(3.) It appears that the D.C.L.R., Rohtas (Sasaram) (Respondent No. 4) called for a report from the Circle Officer and on the basis of the said report, which according to the Petitioner, was received by Respondent No. 4 on 13.4.1982, passed the order on 14.4.1982 without any notice or giving any opportunity to the Petitioner to prove his case. Further, it appears that against the said order, the Petitioner moved the Additional Collector, Sasaram (Respondent No. 3) in revision being Rehan Redemption Revision No. 10/1982-85 challenging the correctness of the order and he claims to have produced a number of documents including R.S. Khatian, affidavit, Choukidari receipts, canal purchas and some Sada receipts granted by the mortgagor in respect of payment of water tax etc.