DEVANAND TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Parth Gaurav, learned counsel for the petitioner, Shri Devendra Kumar Sinha, learned Senior counsel appearing on behalf of the Respondent Nos. 3 and 4 and Mr. Navnit Kumar, learned AC to GP-18 for the State.

(2.) The present writ petition has been filed for quashing the order dtd. 22/8/2022 (Annexure-1) passed by the Collector- cum-District Magistrate, Kaimur at Bhabhua (respondent no. 2) in Misc. Case No. 31 of 2021 whereby an application filed by the petitioner under Sec. 32 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act') has been rejected on the ground that a Title Suit No. 802 of 2020 is pending in the Court of Subordinate Judge-V, Bhabhua between the parties with respect to the same relief.

(3.) The dispute in this case related to a Gift Deed No. 2778 dtd. 17/5/2016 executed by Most. Basanti Kuer in favour of Chandan Kumar with respect to the land appertaining to Khata No. 75, Plot No. 15, Area 1.03 Acres, situated at Mauza- Silauta, P.S. Sonhan, District- Kaimur at Bhabhua. The common ancestor of the parties namely Jawahar Tiwari died leaving behind his widow namely Most. Basanti Kuer and five sons, namely, Abhyanand tiwari, Vinodanand Tiwari, Ram Prakash Tiwari, Vivekanand Tiwari and Devanand Tiwari. The disputed property is the ancestral property of the parties, partition with respect to which has never taken place and without there being any partition with respect to the aforesaid property, a purported gift deed dtd. 17/5/2016 have been executed by the mother of the petitioner namely Most. Basanti Kuer in favour of her grandson namely Chandan Kumar on the ground that he along with his mother have been taking care of the widow and no other heirs have been keen to take care of her. The petitioner being aggrieved with the execution gift deed during pendency of the Consolidation proceeding in the Mouza where disputed land is situated. The petitioner has filed Misc. Case No. 31 of 2021 under Sec. 32 of the Act before the respondent no. 2. Admittedly, no denotification under Sec. 26A of the Act was done with respect to the area where disputed land is situated. Petitioner has obtained the information through RTI from the concerned Department which reported on 8/1/2021 that on the date of execution of gift deed in question, the area was not yet denotified under Sec. 26 A of the Act and prior permission from the authority was required for executing any deed of transfer.