Birendra Prasad Sinha, J.

Whether the word "transfer" used in section 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act) as it stood prior to the amendment of the Act by Act 27 of 1975 includes a gift, is the main question raised in this writ application.

2. Prior to its amendment section 5 stood as under:

"5. Land not to be transferred without sanction:-During the period commencing from the date of the publication of the notification under section 3 to the date when the scheme of consolidation comes into operation in any notified area, no person shall transfer or partition any land in such area, except with the previous sanction of the Consolidation Officer, and, if the sanction is granted, the transfer or partition, as the case may be, shall be subject to the rights and liabilities attached to the land under the scheme of consolation in respect of' such area."

This section was amended by Act 27 of 1975 and the following was substituted in place of the old section:-

"5. No. transfer without sanctions :-(1) After the date of publication of preparation of register of lands and statement of principles under su