RAMJANAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal arises from the judgment of a learned Single Judge of this Court dismissing the writ petition of the appellant. The writ petition has arisen from an order of the Collector, Vaishali by which the deed of gift executed by Basmati Devi in favour of Smt. Chandri Devi was held to be void under section 32 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (in short, the Act).

(2.) THE short facts of the case are that the said Basmati Devi executed the impugned deed of gift in favour of her daughter -in -law, Smt. Chandri Devi, in respect of 2.63 acres of lands on 3rd August, 1976. The validity of the gift was challenged on the ground that the donor had not obtained prior permission of the Consolidation Officer in terms of section 5 of the said Act. Section 5 of the Act prohibits certain types of transfer without prior sanction.. Section 6 lays down the procedure for obtaining the sanction. Section 32 of the Act provides that the transfer of any land or fragment contrary to the provisions of this Act shall be void; and the owner of any land, so transferred shall be liable to pay fine, not exceeding two hundred and fifty rupees, as the Collector of the district may, subject to the general orders of the State Government, direct,

(3.) MR . Shrawan Kumar, counsel for the appellants contended that the restriction imposed by section 5 comes into play after the date of publication of preparation of register of lands and statement of principles under sub -section (1) of section 10 and as, in the instant case, the statement of principles was published later than the date of gift, the bar of section 5 was not applicable. Counsel submitted that it is evident from the report of Deputy Director that whereas the deed of gift is of 3.8.1976, the register of lands was published between 12.4.1974 and 12.5.1974 but the statement of principles was published only on 23.11.1978.