RABINDRA THAKUR Vs. COLLECTOR

JUDGEMENT

(1.) The Petitioner is aggrieved by the order of the Collector, Muzaffarpur, in Misc. Case No. 29 of 1989-90 holding the sale deed dated 4.7.1975 executed by late Bindeshwar Thakur and Asharfi Thakur as void for want of sanction under Section 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (in short 'the Act'). The order has been passed on a petition by Respondent No. 2 under Section 32 of the Act. According to the Petitioner the land in question being Orchard is beyond the purview of the Act and hence provisions of Section 5 are not applicable and the transfer deed cannot be said to be void.

(2.) The main plank of the argument is Section 2(3) of the Act. According to the counsel by reason of the provisions of Section 2(3), 'orchard' lies outside the consolidation proceedings and, therefore are not amenable to Section 5. At the very outset, I would like to observe that Section 2 contains the definition clause and as well known, the definition clause cannot be read as substantive provisions of a statute. They can be looked into only in aid of construction of the substantive provisions.

(3.) The Act has been enacted "to provide for consolidation of holdings and prevention of fragmentation". But it is obvious that the object of consolidation cannot be achieved without first preparing the register of lands. This necessarily involves determination of the rights of the persons in the lands within the notified area. Provisions in this regard are continued in Sections 8 to 10. (upto 10E). Section 8 provides that as soon as may be, after the publication of a notification under Section 3, an up-to-date record-of-rights in respect of all lands comprised in the notified area, together with a map shall be prepared in accordance with the provisions of Chapter X of the Bihar Tenancy Act or Chapter XII of the Chotanagpur Tenancy Act or the Santhal Parganas Settlement Regulation, or the Bihar Tenants Holdings (Maintenance of Records) Act, 1973, as the case may be. Section 9 inter alia provides for preparation of register of lands and map on the basis of record of rights. Section 10 provides for objection to the entries in the registers of lands published under Section 9, decision thereon, appeals etc. After the disposal of the objection, appeals etc. a draft consolidation scheme is required lo be prepared and published under Sections 11 and 12 of the Act. The actual work of consolidation is taken up thereafter.