RAMKRIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application petitioners challenge the vires of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (the 'Act'). But before dealing with the contentions raised, I may state the relevant facts leading to the filing of this writ application. I would also indicate the relevant statutory provisions. The facts :--

(2.) The petitioners filed Title Suif No. 103 of 1966. The suit was pending in the court of the Additional Subordinate Judge, Muzaffarpur, when the impugned order contained in Annexure-5 was passed. In the suit the petitioners-plaintiffs alleged that certain alienations made by defendant 1st party in favour of defendant second party were not binding on the planitiffs. It was therefore, prayed that the said alienations be set aside and the plaintiffs be put in possession of the properties mentioned in Schedule I to the plaint. The properties in the suit are situate in several villages. In all these villages according to the finding of the learned Additional Subordinate Judge, consolidation proceedings are going on. An application was filed on behalf of the defendants stating that consolidation operation had commenced in all the village where the lands involved in the suit are situate. It was, therefore, prayed that it should be held that the suit has abated under the provisions of Section 4 (c) of the Act. A rejoinder was filed to this application. After hearing the parties, the suit has abated. The order of the learned Subordinate Judge is contained in An-nexure. 5. It is this Annexure, which the petitioners pray, be quashed. Statutory provisions :--

(3.) The long title itself and the preamble of the Act clearly reflect the purpose of the Act. It is to provide for consolidation of holdings and to prevent fragmentation of land. Section 3 of the Act empowers the State Government to declare by notification in the official gazette its intention to make a scheme for consolidation of holdings in the area mentioned in the notification. Section 4 of the Act deals with the effect of notification aforesaid, Section 4 of the Act reads as follows :--