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2002 Supreme(Pat) 885

R.N.PRASAD, RAVI S.DHAVAN
Krishak Sangathan – Appellant
Versus
State Of Bihar – Respondent


Judgment

Ravi S.Dhavan, J.

1. These proceedings have continued from yesterday. The matter is about cessation of the process and exercise on consolidation of holdings under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. The necessary corollary of this legislation is to prevent fragmentation of agricultural holdings also. The preamble to this legislation reads, "An act to provide for the consolidation of Holdings and Prevention of Fragmentation".

2. The petition challenges the action of the State Government to put a halt to the consolidation exercise intended by the aforesaid legislation. Since this matter had been pending, the State Government is avoiding making any statement to explain how and under what sanction the State Government halted the exercise. The legislative intent is to carry the agragrian reform and complete it. In fact, at one place in the counter affidavit there is even a suggestion that should the petitioner (or any like him) may desire consolidation of their agricultural holdings then they may go to the competent Civil Court to vent their grievance. The question does not arise with Civil Courts having been ousted to deal with this su















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