MD AKBTAR Vs. STATE OF BIBAR

JUDGEMENT

(1.) The petitioner assails different orders passed by the different authorities as contained in Annexures-1, 2 and 3, under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, hereinafter referred to as the 'Act', Annexure-1 is the revisional order which is a two line order. "The petitioner was earlier heard. It is dismissed. The submissions : -

(2.) Mr. Khalil, learned counsel for the petitioner submits that the revisional order is absolutely perverse and misconceived and contrary to the well settled principle of law that a final court of fact, after admission of a revision petition, has to give reasons. He further submits that in view of the Benami Transaction (Prohibition) Act, 1988, which is retroactive in operation, the consolidation authority lacked jurisdiction to declare the sale deeds, through which the petitioner derived title, as farzi.

(3.) Mr. Abdus Salam, learned counsel points out that earlier he had entered appearance for respondent No. 5 but after his death and substitution of his legal representatives he was not given any vakalatnama and thus he is handicapped to argue. He, however, requests that in the interest of justice he be heard in the matter. He submits that it is difficult to gave any valid answer to the first submission of Mr. Khalil but to the second submission he submits that this question be left open to be decided by the authorities concerned. My Findings j -