DURGAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State. No body appears on behalf of the contesting respondents.

(2.) THIS writ petition has been filed for quashing the order of the Collector, Bhojpur dated 21.8.95/9.10.95 as contained in Annexure -6 whereby in exercise of the power conferred under section 32 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, he has declared the deed of gift dated 18.12.92 void and also imposed penalty of Rs. 50/ - each.

(3.) IT appears on 18.12.92 the mother of the petitioner through a registered deed of gift transferred certain lands. An application was filed by Rajendra Rai, respondent no.3 alleging that such a deed of gift was void since no permission of the Consolidation Officer as required under sections 5 and 6 of the Act, were obtained. The learned Collector being satisfied with the objection of respondent no.3 declared the deed of gift void.