PUNYA MANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The dispute in this Letters Patent Appeal relates to the validity of a gift in the context of Section 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (in short 'the Consolidation Act'). The dispute has arisen out of orders passed in a proceeding relating to preparation of register of land under Section 10 (2) of the Consolidation Act. The appellants had succeeded before the original authority i.e. the Consolidation Officer but lost before the appellate and revisional authorities. He approached this Court for setting aside those orders in the connected case i.e. C.W.J.C. No. 607 of 1985 but without success.

(2.) From the order of the learned Single Judge it appears that the only point urged before him was that as the notification under Section 3 of the Consolidation Act had been rescinded by the State Government with respect to area comprising Improvement Trust or Blocks the question of obtaining sanction under Section 5 of the Act did not arise. The learned Judge noticed the notification referred to in support of the contention and observed that perusal of the notification merely shows that the areas falling under the Improvement Trust or the Blocks stand deleted from the notification under Section 3 but there is no averment in the writ petition nor was there any material on record to show that the land in question was situated in the area falling under the Improvement Trust or Blocks and, therefore, the appellate or revisional authorities did not commit any error in holding that for want of sanction under Section 5 of the Act, the gift was void.

(3.) Before us a different point was canvassed on behalf of the appellants. It was submitted that amended Section 5 of the Act was made retrospective by Act 35 of 1982 and, therefore, the gift was not hit by the bar contained in that section. The submission is wholly misconceived.