YAMUNA SHAHI Vs. STATE

JUDGEMENT

(1.) This is a batch of five writ applications which have been heard together as the facts and the question of law are identical. They arise out of a proceeding under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.

(2.) The question of law that arises for our consideration is as to what would be the date for applying the bar provided under S.5 of the Act for transferring of any land where the scheme of consolidation had started, i.e. whether it will be from the date of publication of the notification in the official gazette of one intention to make the scheme for the consolidation of holdings in the particular area, or it would be from the announcement of its substance by beat of drums and other procedures for apprising the general public as provided in sub-section (2) of section 3 of the Act.

(3.) Granting of the relief prayed for, namely, quashing the order of Director, Consolidation, Bihar, dated 16-6-1979, contained in Annexure 1 to each of the writ applications, will depend upon the answer to the above question. The facts