IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10373 of 1992 SARBAN KUMAR SAH SON OF CHATURBHUJ SAH DECEASED RESIDENT OF VILLAGE HASANPUR JUNED, P.O.- HASANPUR POLICE STATION MAHNAR DISTRICT- VAISHALI. …….. Petitioner Versus 1. THE COLLECTOR,VAISHALI 2. RAMBRICHH SAH SON OF BALESHWAR SAH RESIDENT OF VILLAGE HASANPUR JUNED, P.O. - HASANPUR POLICE STATION MAHNAR DISTRICT- VAISHALI. 3. RAMJI RAK SON OF KHIJU RAI DECEASED RESIDENT OF VILLAGE DHARMPUR PALWAIYA P.O.HASANPUR POLICE STATION MAHNAR DISTT- VAISHALI. ……….. Respondents ----------- 9 14.01.2010 Heard Mr. Naresh Chandra Verma for the petitioner, and Mr. Dhananjay Kumar, learned Assistant Counsel to Government Pleader no. 12 for respondent no. 1. None had appeared on behalf of respondent nos. 2 and 3 in spite of valid service of notice. 2. This writ petition is directed against the order dated 26.12.1991 (Annexure-2), passed by learned Collector of the district of Vaishali in Case no. 53 of 1987. 3. We have perused the materials on record, and considered the submissions of the learned counsel for the parties. It appears to us that the petitioner had filed an application under Section 32 of the Bihar Consolidation of Holding and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act), seeking declaration that the registered sale deed dated 27.5.1987, in favour of respondent no. 3, is void because prior permission of the appropriate authority in terms of Section 5 of the Act was not obtained. The learned Collector has by the 2 impugned order held that no such permission in the present case was needed. It has been held as follows:- “…From the report of the Chakbandi officer it is clear that there was no sitting of statement of principle. So under the provision of the Act the permission is only essential when there is sitting of statement of principle. The O.P. cited a ruling reported in 1989 BLJ page 449 in which His Lordship hold that notification u/s 3 in respect of the land is essential. So in my view the permission was not at necessary to execute sale deed. Ordered that the proceeding is dropped. Dictated & Corrected by me. “ Sd/- Ramjeet Pd. Collector, Vaishali 4. We entirely agree with the reasoning assigned by the learned Collector of the district for rejecting the application. The writ petition is dismissed. pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )