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2011 Supreme(Pat) 1638
PATNA HIGH COURT
SUDHIR KUMAR KATRIAR, J.
Dr. Sushil Kr. Verma, S/o. Late Kanak Lata Verma - Petitioners
Versus
The State of Bihar - Respondents
CIVIL WRIT JURISDICTION CASE NO.6707 OF 2001, CIVIL WRIT JURISDICTION CASE NO.6532 OF 2001, CIVIL WRIT JURISDICTION CASE NO.6625 OF 2001, CIVIL WRIT JURISDICTION CASE NO.6676 OF 2001, CIVIL WRIT JURISDICTION CASE NO.6710 OF 2001, CIVIL WRIT JURISDICTION CASE NO.1612 OF 2002
Decided on : 5th August, 2011
For the Petitioners:Mr Keshav Srivastava, (in all cases) Sr. Advocate
For the Respondents: Ms. Kumari Amrita, G.P.10 & (in all cases) Mr. Ajay, S.C. 11.
Headnote:Bihar Land Reforms (Fixation of Cealing Area and Acquisition of Surplus Land) Act, 1961-Section 5(1)(iii)-Transfers-Sale deeds executed on 28.8.1970 and 4.9.1970 and registered on 18.9.1970-Alienations set aside by the authorities on the ground that those were intended to defeat the provisions of the Act-Authorities have gone only by the mere date of registration which was just after 9.9.1970, which has no legal implications-Once the deed is registered, its effect dates back to the date of execution which in the present cases were prior to 9.9.70-Besides, alienations made to maintain the family and for the purposes stated in the deeds were bona fide alienations-Consideration money not inadequate-Possession of land in question passed on to the transferees, which has been overlooked by the authorities-Registered sale deeds were not farzi transactions and not meant to defeat the provisions of the Act-Writ applications allowed-Impugned order set aside.(Paras 15, 17, 19, 21 and 22)
1978 BLJR 375; 1984 PLJR 842; 1977 BBCJ 728; 2008 (2) PLJR 495; 1975 BBCJ 701= 1975 PLJR 338; 2008 (2) PLJR 495; 2004 (11) PLJR 80-Referred to.
S.K. Katriar, J. This batch of writ petitions is directed against a common order dated 7.3.2000 (Annexure-9), passed by the learned Additional Member, Board of Revenue, in the following six revision applications, whereby alienations made by the land-holders in favour of different transferees who are the petitioners in five writ petitions, other than CWJC No.6707 of 2009, have been set aside on the ground that those were intended to defeat the provisions of the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Land Act 1961 (hereinafter referred to as ‘the Act’), and are within the mischief of Section 5(1)(iii) of the Act:
(i) Revision Case No.70 of 1997 (Kanak Lata Verma vs. The State of Bihar), giving rise to CWJC No.6707 of 2001.
(ii) Revision Case No.71 of 1997 (Indu Sinha vs. The State of Bihar), giving rise to CWJC No.6710 of 2001.
(iii) Revision Case No.72 of 1997 (Smt. Asha Sinha vs. The State of Bihar), giving rise to CWJC No.6625 of 2001.
(iv) Revision Case No.73 of 1997 (Smt. Asha Lata Sinha vs. The State of Bihar), giving rise to CWJC No.1612 of 2002.
(v) Revision Case No.74 of 1997 (Mohini Rai vs. The State of Bihar), giving rise to CWJC No.6532 of 2001.
(vi) Revision Case No.42 of 1998 (Raj Mohini Sinha vs. The State of Bihar), giving rise to CWJC No. 6676 of 2001.
2. Before we proceed further, we would like to clarify that C.W.J.C. No.6707 of 2001 had originally been preferred by Smt. Kanak Lata Verma, the land-holder, who died during the pendency of the present proceeding, and has been substituted by her heirs who are now the petitioners before us.
3. A brief statement of facts essential for the disposal of these writ petitions may be indicated. A brief genealogy of the parties relevant in the present context is reproduced hereinbelow:
Pandey Jagarnath Prasad died in 1920s, at the age of 39
Indira Devi died in 1980
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Pandey Brijnandan Pd. Verma Rama Devi died in 1949 wife of late Shambhu Saran
Widow Sarju Devi died in 1972 | | | Satish Sharan Shailesh Sharan | Madhuri Sharan Ratan Sharan |
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Pandey Jashodanand Prasad Verma died in 1960, at the age of 34
Widow kanak Lata Verma died on 5.9.2006.
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Sushil Kumar Verma Madhup Kr. Verma Shushma Verma Punam Verma Shiela Verma Krishnanand Verma
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Akanksha Verma Ananya Verma Ananta Verma | Kannika Verma Samarth Verma
