KRISHAK SANGATHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE proceedings have continued from yesterday. The matter is about cessation of the process and exercise on consolidation of holdings under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. The necessary corollary of this legislation is to prevent fragmentation of agricultural holdings also. The preamble to this legislation reads, "An act to provide for the consolidation of Holdings and Prevention of Fragmentation".

(2.) THE petition challenges the action of the State Government to put a halt to the consolidation exercise intended by the aforesaid legislation. Since this matter had been pending, the State Government is avoiding making any statement to explain how and under what sanction the State Government halted the exercise. The legislative intent is to carry the agragrian reform and complete it. In fact, at one place in the counter affidavit there is even a suggestion that should the petitioner (or any like him) may desire consolidation of their agricultural holdings then they may go to the competent Civil Court to vent their grievance. The question does not arise with Civil Courts having been ousted to deal with this subject and the matter having been left entirely to the Special Courts or Tribunals constituted under the Act. The petitioner can go nowhere except the quasi judicial tribunals mentioned in the Act. A Secretary to the State Government should not have made such an irresponsible statement.

(3.) WITH such a defence on behalf of the State the Court required the Government Advocate Mr. S.D. Yadav to explain the action of the State Government, as to from where it drew its power to stop the exercise for consolidation of holdings and prevent fragmentation of them. The answer was not forthwith coming. Time was being sought to place a notification (No. 1166 dated 2.11.1993) to justify the situation that consolidaton of holding was stopped by an executive fiat. The court required the High Court librarian to place the notification before the court. Thus, it frustrated the exercise of granting time to locate the series of notifications at the Secretariat as it was otherwise available at the High Court Library. The notification(s) recite parrot -like that because of certain difficulties the consolidation work in Bihar had been stopped. What the difficulties were have not been specified. It appears to be standardised for all Bihar (then it was Jharkhand inclusive).