SHIV GULAM SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, State and the private respondents.

(2.) DURING the pendency of this writ application, petitioner left for his heavenly abode. Let the name of the petitioner be expunged from the cause title of this application and in his place heirs and legal representatives mentioned in Interlocutory Application No. 5660 of 2008 be substituted. Interlocutory Application No. 5660 of 2008 is, accordingly, disposed of.

(3.) ORIGINAL writ petitioner was the purchaser of 3 Katha, 5 Dhurs, 12 Kanwa of land in Revisional Survey Plot No. 4056 and 9 Dhurs of land in Revisional Survey Plot No. 5382 appertaining to Khata No. 1578 of Village -Nayagaon, Anchal -Sahei Bujurg in the District of Vaishali under sale deed dated 8.6.1998 executed by Private Respondent Nos. 4 and 5 in his favour. Private Respondent No. 3 invited the attention of the Collector of the District to the fact that the aforesaid sale deed was executed without obtaining the permission from the competent authority under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as "the Act"), as is required under Section 5 of the Act as according to Private Respondent No. 3 on the date of execution of the sale deed the Register of Land and Statement of Principles, as required under Sections 9 and 9(A) of the Act, were published in terms of Section 10 of the Act. Appreciating the aforesaid submission learned Collector called for a report from the Deputy Director, Consolidation, who, in turn, called for the report from the concerned Consolidation Officer, who is said to have submitted the report contained in Letter No. 68 dated 30.12.1997, Annexure - 3, perusal whereof does not indicate that the Statement of Principles to be followed in carrying out the consolidation operations, as required under Section 9(A) was formulated and published under Section 10 of the Act. Section 5 of the Act mandates permission from the Consolidation Officer for executing the sale deed only after publication of the Register of Land as also Statement of Principles to be followed in carrying out the consolidation operations. On the basis of the contents of the report counsel for the petitioner submitted that the impugned order dated 19.6.2001, Annexure -6 declaring the sale deed in - question to be void is not in accordance with law as until the date of execution of the sale deed Statement of Principles were not published under Section 10. of the Act.