JUNAID KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Ours being an agricultural country, hence in respect of the legislation and litigation pertaining to agriculture, efforts must be made, to make articulate, the inarticulate premise but only to the extent which follows from necessary compulsion of the situations and the Constitutional position. The litigation pertaining to agriculture has to be carefully dealt with The Father of the Nation, Mahatma Gandhi, used to say that India lives in villages and if some body wants to see India he has to go to the villages. We are faced with baffling questions of interpretation of Sections 37-A and 37-B of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (compendiously "the Act").

(2.) This Letters Patent Appeal, preferred under Clause 10 of the Letters Patent of the Patna High Court Rules is directed against the judgment dated 23.1.1995 rendered by the learned Single Judge of this Court in [CW.JC. No. 10592 of 1993] by which the learned Single Judge allowed the said writ petition under Articles 226/227 of the Constitution of India filed by Must. Hasibunnisa Bibi (respondent no. 6 in this appeal) against the present appellant.

(3.) The factual matrix of the case is that the consolidation proceedings commenced in respect of R. S. Khata Nos. 137 and 209 situate in village Manpur, P. S. Chainpur. District Rohtas, the former khata being ancestral whereas the latter was acquired by purchase. The genealogical table is given below :- <IMG>JUDGEMENT_214_BLJ2_1995Image1.jpg</IMG>