MITHILESH KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ application is directed for quashing the order dated 26.12.1991 passed by the Collector, Vaishali, by which the Collector has allowed the application filed by respondent no. 3 Umdabati Devi and cancelled the deed of gift executed by Shivtara Kuer in favour of her nephews Mithilesh Kumar Sinha and Pushkar Kumar Sinha (the petitioners herein) by registered deed of gift dated 28.11.1990 on the ground that the same has been executed without obtaining permission/sanction as provided under section 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, hereinafter referred to as the 'Act '.

(3.) FROM perusal of the petition filed by respondent no.3 as well as the counter affidavit, it is clear that the permission has been granted with regard to all the plots except the lands of some of the plots. Thus, the Collector has not applied his mind in cancelling the deed of gift. In case it is found that permission has been obtained with regard to all the plots covered by the deed of gift, then there is no question of cancelling the deed of gift. In case it is found that permission was granted with regard to some of the plots only, then the deed of gift is to be declared as void to the extent it relates to the land for which permission was not obtained.