The transfer without permission under Sec. 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act is void in relation to consolidation proceedings.

Barin Ghosh and Navaniti Pd.Singh JJ.

1. in order to construe Sec. 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 one must take note of the said section as contained in its entirety. The same is as follows:

"5. No transfer without sanction. (1) After the date of publication of preparation of register of lands and statement of principles under sub-section (1) of Sec. 10 no person shall transfer any land in the notified area by way of sale, gift, exchange, or partition without the previous sanction of the Consolidation Officer and if the sanction is granted, such transfer or partition, as the case may be, shall be, subject to the rights and liabilities attached to the land under the scheme of Consolidation prepared with respect to that area.

(2) The provisions of sub-section (1) shall take effect from the date of Notification under sub-sec. 1 section 3 has been issued."

2. As provided in the said section while the transfer of any land is barred after the date of publication of preparation of register of land and statement of principles under sub-section (1) of Sec. 10 of the Act without the previous sanction of the Consolidation Officer, but it provides that if transfer with permission is granted the transfer shall be subject to the rights and liabilities attached to the land under the scheme of consolidation prepared with respect to that area. The object of the section was to ensure that by reason of transfer effected after publication of preparation of register of land and statement of principles, such transfer does not affect the register of lands and statement of principles as prepared, so that it becomes difficult for ultimately preparing the scheme and taking steps in pursuance therewith. Sec. 5 at the same time does not provide since when such transfers can be effected without permission. That .clearly indicates that the intention was to maintain the scheme intact.

3. In the instant case, some times in early 1980 preparation of register of lands and statement of principles under sub-section (1) of Sec. 10 of the Act were published. Subsequent thereto whatever steps were required to be taken, were taken and, ultimately, the scheme was prepared. The land in question was kept outside the scheme. The holder of the land in question sold the same to the appellants by a registered sale deed dated 28th January, 1987. The respondent no. 3, who does not claim to have any interest of any nature in the land in question, approached the Collector and informed him that the said transfer has been effected without the permission of the Consolidation Officer and inasmuch as the said transfer was effected without the permission of the Consolidation Officer, the Collector passed an order and thereby declared the transfer as void.

4. On a challenge thrown to the said order of the Collector by filing a writ petition, the writ court dismissed the writ petition and hence the present appeal.

5. The writ court held that since the subject transfer was without permission, which required permission, and since any transfer without permission is void in view of Sec. 32 of the Act, the transfer was void. Sec. 32 of the Act provides that transfer of any land or a fragment thereof contrary to the provisions of the Act shall be void provided the owner of any land, so transferred, shall be liable to pay such fine, not exceeding two hundred fifty rupees as the Collector of the District may, subject to the general orders of the State Government, direct. Sec. 32, therefore, provides that a transfer made in contravention of Sec. 5 of the Act will be void and the owner of the land shall be liable to pay a fine not exceeding two hundred fifty rupees. Sec. 32, therefore, makes it abundantly clear that the transfer declared to be void thereby is in relation to consolidation proceedings. Sec. 32 is in aid of completion of consolidation proceedings. In such view of the matter, transfer of any land contrary to Section 5 of t