A khorposh grant made without the previous sanction of the Commissioner is void under Section 12A of the Chotanagpur Encumbered Estates Act, 1876.

Untwalia, J.

1. The State of Bihar and the Land Reforms Deputy Collector, Hazaribagh, the two petitioners in this application, filed under Articles 226 and 227 of the Constitution of India, have obtained a rule from this Court against the four respondents to show cause why the decision of the Hon'ble Mr. Justice Misra, as he then was, acting as a Judge nominated by the State Government for the purpose of the appeal under Section 27 of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950) given in Compensation Appeal No. 1 of 1964, be not set aside by an appropriate writ or ORDER :. The learned Additional Government Pleader has appeared in support of the rule, and Mr. Raghunath Jha has shown cause on behalf of the respondent.

2. The facts, which may be conveniently stated from the ORDER :of the learned Judge, are these. One Dhrup Narain Singh was the holder of an impartible estate known as Dandi-kalan estate. He had three sons; the eldest one was Gajendra Narain Singh and the names of the other two are Narendra Narain Singh and Rajendra Narain Singh. On the death of Dhrup Narain Singh, Gajendra Narain Singh became the holder of the impartible estate. He had two sons, Chandra Mauleshwar Narain Singh and Narrna-deshwar Narain Singh. Out of the two, the former was elder. Chandra Mauleshwar Narain Singh is dead, and his widow is Bimla Kumari; and, he died leaving three sons, namely, Dhirendra Narain Singh, Sachindra Narain Singh and Upendra Narain Singh. When Chandra Mauleshwar Narain Singh became the holder of the impartible estate in the year 1929, as it appears from the copy of the petition dated the 9th August, 1929, filed by the widowed mother of Chandra Mauleshwar Narain Singh, which is to be found at page 17 in the paper book of the compensation appeal, the estate was applied to be taken for the purpose of management under Section 2 of the Chotanagpur Encumbered Estates Act, 1876 (Act 6 of 1876). The estate was accordingly, taken over on the 13th May, 1930. It was released on the 22nd November, 1946, in favour of Chandra Mauleshwar Narain Singh the then holder of the estate, who was the same person as the holder of the estate when the application under Section 2 of Act 6 of 1876 was made.

In less than a year after the release of the estate, Chandra Mauleshwar Narain Singh executed on the 28th Sep. 1947, Khorposh grants in favour of his wife, Smt. Bimla Kumari, his uncles, Narendra Narain Singh and Rajendra Narain Singh and his brother, Narmadeshwar Narain Singh, The estate vested in the State of Bihar under Section 3 of the Bihar Act XXX of 1950 on the 22nd January, 1953. Chandra Mauleshwar Narain Singh died sometime in the year 1954 leaving behind his widow Shrimati Bimla Kumari. Narendra Narain Singh also died and his widow is Srimati Brinda Kumari.

3. Shrimati Bimla Kumari made an application in the proceedings for assessment of compensation under Bihar Act XXX of 1950 claiming that the villages described in Schedule A of her petition had been granted to her in khorposh by her husband. The other persons also in whose favour the khorposh grants had been made filed similar applications. The learned Compensation Officer, however, refused to accede to the prayer made on behalf of Bimla Kumari and others to have their shares in the Dandi Kalan estate assessed separately on the ground that the grants in their favour were hit by Section 12A of Act 6 of 1876. Shrimati Bimla Kumari filed an appeal from the ORDER :of the Compensation Officer before the learned Judge nominated under Section 27 of the Bihar Land Reforms Act.

4. The learned Judge has taken the view that the Khorposh grants are not hit by Section 12A of Act 6 of 1876 and that the interests of all the holders of khorposh grants must be treated as independent estates and their valuation for the purpose of compensation should be assessed as such. A direction has also been given to the learned Compensation Officer by the learned Judge to keep in view the principle