ASHARAFI SINGH Vs. KAPILDEO RAI

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of both sides.

(2.) The counsel for the appellant argued only one contention before the High Court that the land in question does not come within the provisions of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (for short the Act) inasmuch as the appellant had purchased the land in question through registered sale deed dt. 12.01.1983 and by Notification dt. 09.01.1978, the village where the land is located has come within the jurisdiction of the Patna Regional Development Authority and, therefore, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 has no application. The said contention was reiterated by the learned counsel for the appellant before us. The said contention, in our view, has no force. Section 2(9) of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 defines the "land" which means agricultural lands and includes horticultural land, kharaur land, land with bamboo clumps, pasture land, cultivable waste land, home steads, tanks, wells and water-channels. The definition of "land" in Section 2(9) of the Act was considered by the High Court of Patna in Mirza Sulaiman Beg and Ors vs. Harihar Mahto and Ors. reported in 1985 (33) Bihar Law Journal Reports 585. The Bench was also of the view that confining the land to being strictly agricultural land in nature, in fact, extends it to matters and things, which cannot strictly be labelled as agricultural land - for instance, includes homestead, and, by itself, a homestead was not an agricultural land stricto sensu. In our opinion, Section 2(9) of the Act has emphatic and also couched in very wide language. That being so, we are of the opinion that there is no legal infirmity in the order passed by the Division Bench affirming the order passed by the learned Single Judge.

(3.) In the instant case, Notification was issued on 26.11.1970. Section 5 of the Act deals with land not be transferred without sanction. This Section reads as under :-