(1.) This writ application is directed against an order dated 30-12-1980, passed by the Collector, Samastipur (respondent No. 3) in Suit No. 364 of 1979 whereby and whereunder the respondent No. 3 in purported exercise of power conferred upon him under Section 32 of the Bihar Consolidation of Holding and Prevention of Fragmentation Act (hereinafter referred to as 'the Act) declared the sale deed dated 12-6-1978 as void and ordered the petitioners to pay a fine of Rs. 150 as the same was executed without obtaining permission under Section 5 of the Act.
(2.) The facts of the case lie in a very narrow compass. The petitioner No. 2 by a registered sale deed dated 12-6-1978 sold 3 kattas 16 dhurs of land for a consideration of Rs. 2,000. According to the petitioners at that point of time there was no publication of register of lands in term of Section 10(1) of the Act. It, however, appears that on 20-3-1979 one Ram Karan Thakur filed an application under Section 32 bf the Act, wherefor a report was called for from the Consolidation Officer, Bibhutipur and on the receipt thereof the notices was directed to be issued against the petitioners. The petitioners have stated that they have no knowledge of the filing of the said application and a purported service report was shown in collusion with the process server. By the impugned order, the Collector cancelled the sale deed and imposed a fine of Rs. 150 upon the petitioners.
(3.) No counter affidavit in this case has been filed on behalf of the respondents and as such statements made by the petitioners herein before have to be accepted as correct.