RAM RAJI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) in order to construe Sec. 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 one must take note of the said section as contained in its entirety. The same is as follows:

(2.) As provided in the said section while the transfer of any land is barred after the date of publication of preparation of register of land and statement of principles under sub-section (1) of Sec. 10 of the Act without the previous sanction of the Consolidation Officer, but it provides that if transfer with permission is granted the transfer shall be subject to the rights and liabilities attached to the land under the scheme of consolidation prepared with respect to that area. The object of the section was to ensure that by reason of transfer effected after publication of preparation of register of land and statement of principles, such transfer does not affect the register of lands and statement of principles as prepared, so that it becomes difficult for ultimately preparing the scheme and taking steps in pursuance therewith. Sec. 5 at the same time does not provide since when such transfers can be effected without permission. That .clearly indicates that the intention was to maintain the scheme intact.

(3.) In the instant case, some times in early 1980 preparation of register of lands and statement of principles under sub-section (1) of Sec. 10 of the Act were published. Subsequent thereto whatever steps were required to be taken, were taken and, ultimately, the scheme was prepared. The land in question was kept outside the scheme. The holder of the land in question sold the same to the appellants by a registered sale deed dated 28th January, 1987. The respondent no. 3, who does not claim to have any interest of any nature in the land in question, approached the Collector and informed him that the said transfer has been effected without the permission of the Consolidation Officer and inasmuch as the said transfer was effected without the permission of the Consolidation Officer, the Collector passed an order and thereby declared the transfer as void.