PARVATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed for quashing different orders passed by the authorities under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as the 'Act'), as contained in Annexures-2, 3, 4 and 5. Annexure-5 contains the order passed by the rcvisional authority.

(2.) Perusal of the aforementioned orders, as also the writ petition, show that the petitioners (the name of the petitioner No. 1 Dhaneshwari Kuer due to her death was expunged by order dated 3-4-1991 recording that her legal representative petitioner No. 2 is already on the record) had claimed title in regard to properties in question which stood in the name of one Sudarshan Singh (father of the respondent No. 8) alleging him to be their farzidur. The authorities, however, rejected the case of the petitioners. Tht petitioner assail the said finding as incorrect

(3.) Mr. Srinath Singh, learned counsel appearing for respondents 6 and 7 raises a preliminary objection that in view of Section 4 of the Benami Transaction Prohibition Act, 1988 the plea taken by the petitioners is no longer entettainable and the said provision having been declared retroactive by the Hon'ble Supreme Court in Mithilesh Kumari and another v. Prem Bihari Khare, AIR 1989 SC 1247, on the finding recorded by the authorities in that regard, this writ application is liable to be dismissed.