ASHARAFI SINGH Vs. KAPILDEO RAI (DEAD) BY LRS

JUDGEMENT

(1.) Heard Learned Counsel appearing on behalf of both sides.

(2.) The Counsel for the Appellant argued on only one contention before the High Court that the land in question does not come within the provisions of the 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 dated 12-1 -1983 and by notification dated 9-1-1978, the village where the land is located has come within the jurisdiction of the Patna Regional Development Authority and, therefore, the 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 the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 defines the "land" which means agricultural land and includes horticultural land, kharaur land, land with bamboo clumps, pasture land, cultivable wasteland, homesteads, 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 v. Harihar Mahto (1985)33 BUR 585 (Pat). 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, (sic "land") includes "homestead", and, by itself, a homestead was not an agricultural land stricto sensu. In our opinion, Section 2(9) of the Act is 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, a notification was issued on 26-11-1970. Section 5 of the Act deals with land not to be transferred without sanction. This section reads as under: