The jurisdiction of the Collector to declare a gift deed void under the Act is contingent upon timely action, and undue delay may negate such authority.

JUDGMENT :

RAJESH KUMAR VERMA, J.

Heard Mr. Parth Gaurav, learned counsel for the petitioner, Shri Devendra Kumar Sinha, learned Senior counsel appearing on behalf of the Respondent Nos. 3 and 4 and Mr. Navnit Kumar, learned AC to GP-18 for the State.

2. The present writ petition has been filed for quashing the order dated 22.08.2022 (Annexure-1) passed by the Collector- cum-District Magistrate, Kaimur at Bhabhua (respondent no. 2) in Misc. Case No. 31 of 2021 whereby an application filed by the petitioner under Section 32 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as ‘the Act’) has been rejected on the ground that a Title Suit No. 802 of 2020 is pending in the Court of Subordinate Judge-V, Bhabhua between the parties with respect to the same relief.

3. The dispute in this case related to a Gift Deed No. 2778 dated 17.05.2016 executed by Most. Basanti Kuer in favour of Chandan Kumar with respect to the land appertaining to Khata No. 75, Plot No. 15, Area 1.03 Acres, situated at Mauza- Silauta, P.S. Sonhan, District- Kaimur at Bhabhua. The common ancestor of the parties namely Jawahar Tiwari died leaving behind his widow namely Most. Basanti Kuer and five sons, namely, Abhyanand tiwari, Vinodanand Tiwari, Ram Prakash Tiwari, Vivekanand Tiwari and Devanand Tiwari. The disputed property is the ancestral property of the parties, partition with respect to which has never taken place and without there being any partition with respect to the aforesaid property, a purported gift deed dated 17.05.2016 have been executed by the mother of the petitioner namely Most. Basanti Kuer in favour of her grandson namely Chandan Kumar on the ground that he along with his mother have been taking care of the widow and no other heirs have been keen to take care of her. The petitioner being aggrieved with the execution gift deed during pendency of the Consolidation proceeding in the Mouza where disputed land is situated. The petitioner has filed Misc. Case No. 31 of 2021 under Section 32 of the Act before the respondent no. 2. Admittedly, no denotification under Section 26 A of the Act was done with respect to the area where disputed land is situated. Petitioner has obtained the information through RTI from the concerned Department which reported on 08.01.2021 that on the date of execution of gift deed in question, the area was not yet denotified under Section 26 A of the Act and prior permission from the authority was required for executing any deed of transfer.

4. Learned counsel for the petitioner submits that aforesaid fact about execution of the gift deed dated 17.05.2016 has come to the notice of the petitioner for the first time in 2021 and immediately, he has filed an application under Section 32 of the Act before the respondent no. 2 for holding the deed of gift to be void along with other reliefs.

5. Learned counsel for the petitioner submits that upon issuance of notice upon the respondent no. 2, the private respondents appeared and filed their reply mentioning the fact about pendency of aforementioned Title Suit No. 802 of 2020 between the parties and also raising the question of maintainability of such petition before the respondent no. 2. During pendency of the Miscellaneous Case before the respondent no. 2, the respondent no. 2 called for a report from the Consolidation officer, Bhabhua, regarding prerequisite conditions for execution of gift deed and also about the fact as to whether consolidation proceeding was pending on the date of execution of the gift deed in question in the area where disputed land is situated. The