SITARAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has challenged the validity of the order of the Collector, Samastipur in case No. 521 of 1989 imposing a fine of Rs. 250/- on Respondent No. 4 Kapildeo Singh for having executed the sale deed in favour of the Petitioner without sanction of the authority under Section 5 of the Bihar Consolidation of Holding and Prevention of Fragmentation Act, 1956 ('the Act' in short) on 16.10.84, holding that the transfer was in violation of the provision of Section 5.

(2.) The Petitioners purchased 13 Hathas of land of C.S. Plot No. 1172 corresponding to now R.S. Plot Nos. 1498 and 1500 from Respondent No. 4 who later transferred a portion of the same very land in favour of Respondent Nos. 5 and 6 herein. This naturally led to a dispute between the parties which has resulted in the impugned order.

(3.) Before adverting to the point in controversy it would be appropriate to notice the provisions of Sections 5 and 32 of the Act which are as follows: