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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJESH KUMAR VERMA
Devanand Tiwari S/o Late Jawahar Tiwari – Appellant
Versus
State of Bihar – Respondent
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 nam
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.
The DDC improperly abated proceedings regarding conflicting property claims, emphasizing that consolidation authorities must adjudicate on document validity and cannot defer to civil court without ad....
Consolidation authorities cannot abate proceedings based on pending civil litigation and must consider the validity of conflicting documents, giving effect to voidable documents until a competent cou....
The U.P. Consolidation of Holdings Act allows authorities to adjudicate on land rights even when a wrong provision is cited, as long as they possess the necessary jurisdiction.
Actions under the Fragmentation Act initiated after an unreasonable delay of 8 years are invalid, and contiguous land purchases constitute consolidation.
An undivided share in a joint family property cannot be sold off by one of the co-sharers without there being any partition by metes and bounds. Even if there is an assertion that an oral partition t....
Orders and titles obtained through fraud are nullities; rightful ownership should not be barred by procedural delays attributable to such fraud.
A sale deed executed by a guardian during a ward's minority is voidable, and failure to challenge it within the limitation period bars any claims against it.
The main legal point established in the judgment is that once consolidation proceedings are concluded and land-holders are in possession, the requirement for an NoC under Section 30 of the EPH Act is....
Failure to challenge abatement order and lack of disclosure of right or title over the land in dispute led to the dismissal of the petition.
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