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2023 Supreme(Pat) 23

ASHUTOSH KUMAR, SATYAVRAT VERMA
Nirmala Devi W/o Harbansh – Appellant
Versus
The State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Binod Kumar Singh, Ms. Vagisha Pragya Vacaknavi, Advocate

JUDGMENT :

Ashutosh Kumar, J.

1. Heard Mr. Binod Kumar Singh, learned Advocate for the appellants.

2. As noted in earlier orders, there is no appearance on behalf of the respondents even though they have been served notice.

3. The appellants herein are the descendants of one Indrasana Kuer, the mother-in-law of the vendor of some of the sale-deeds, which were executed in favour of third party during the pendency of the consolidation proceedings. She had approached the District Collector under Section 32 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter called the Act) for declaring such sale-deeds to be null and void in view of the bar for any transfer or alienation of any kind as provided under Section 5 of the Act.

4. The Collector did not agree to the proposition of the objector forcing a litigation ahead before the Bihar Land Tribunal.

5. Before the Tribunal, the issue with respect to sale of a property, which was under the consolidation operation, was raised but the Tribunal found that the sale-deed had been executed only after the Chaks were determined and the principles were declared under Section 13 of the Act.

6. Precisely for this reas

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