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2010 Supreme(Pat) 1223

JYOTI SARAN, MIHIR KUMAR JHA, DIPAK MISRA
Panna Devi W/o Vindhyachal Ojha – Appellant
Versus
State Of Bihar Through The Secretary, Revenue And Land Responents Reforms Deptt. , Govt, Of Bihar, New Secretariat, Patna – Respondent


JUDGEMENT

Dipak Misra, J.

1. Expressing doubt as regards the correctness of the decision in Ram Raji Sharma & Anr. V/s. The State of Bihar & Ors., 2007(4) PLJR 449 wherein a Division Bench has interpreted Section 32 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (for brevity the Act), the Division Bench thought it apposite to refer it to a larger Bench for reconsideration of the law laid down therein and, accordingly, the matter has been placed before us.

2. Sans unnecessary details, the facts which are requisite to be exposited for dealing with the controversy in issue which relates to correctness of the decision rendered in Ram Raji Sharma & Anr. (supra) are that the writ petitioner purchased land admeasuring 62 ½ decimals of land appertaining to Khata No. 180, Plot No. 766 in Village-Amarpur, District-Buxar through two sale-deeds executed by the grandfather of the respondent no. 6. The 6th respondent to the writ petition after 23 years of the execution of the sale-deed filed an application before the Collector, Buxar praying therein for declaring the sale-deed dated 1.8.1983 void as the said transaction had taken place without the permission of t










































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