IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14660 of 2001 QUADIR AKHTAR KHAN Versus THE STATE OF BIHAR & ORS ----------- 4. 23.09.2008. Heard learned counsel for the petitioner and the State. None appears for the private respondents although they have been served with the notice of these proceedings. 2. Petitioner is aggrieved by the order dated 11.08.2001 passed by the Collector, Vaishali in Revenue Case No. 96 of 1997-98, Annexure-11, whereunder in terms of the powers contained in Section 32 of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 (hereinafter referred to as “the Act”) he has imposed a fine of Rs. 250/- over Private Respondent No.5, the vendor, for executing sale deeds dated 19.04.1993, as contained in Annexures 1 to 5, in favour of the petitioner and has further held the sale deeds to be violative of the provisions contained in Section 5 of the Act as the sale deeds were executed by Respondent No.5 in favour of the petitioner without obtaining necessary permission from the Consolidation Officer although Register of Land and Statement of Principles for conducting consolidation operations stoodalready published under Section 10 of the Act. 3. It is submitted on behalf of the petitioner that before executing the sale deeds, Annexures- 1 to 5 Respondent No.5 had applied before the Consolidation Officer but the Consolidation Officer did not consider the request for grant of permission in the light of the instructions of the State - 2 - Government contained in Letter No. 1302 dated 26.09.1992, Annexure-6. It is further submitted that such instruction was withdrawn by the State Government under letter bearing no. 1167 dated 02.11.1993, Annexure-7 and during the period between 26.09.1992 and 02.11.1993 several sale deeds including the sale deeds in favour of the petitioner were executed without there being any permission from the Consolidation Authorities and had the Collector issued notice to the petitioner before passing the impugned order dated 11.08.2001, Annexure-11 petitioner would have clarified that the permission could not be obtained on account of the instruction of the State Government, as contained in Letter No. 1302 dated 26.09.1992, Annexure-6 and for the failure of the Consolidation Officer to consider the request of the private respondent no.5 for grant of permission fine should not be imposed as also the sale deeds in-question be accepted to have been executed in accordance with law. It is further pointed out that present proceeding was initiated by the Collector at the instance of private respondent no.4, who is not connected with the lands in-question in any manner, as such, his request to impose fine ought not to have been considered. 4. Counsel for the State has filed counter affidavit and with reference to the averments made therein it is submitted that petitioner or his vendor never appeared before the Collector to bring to his notice the instruction of the State Government contained in Letter No. 1302 dated 26.09.1992, Annexure-6. - 3 - 5. Having heard counsel for the parties I am of the view that from the counter affidavit it does not appear that petitioner was ever served with the notice pursuant to the proceedings taken in Revenue Case No. 96 of 1997-98. In the circumstances, this Court accepts the submission made by the petitioner that the impugned order dated 11.08.2001, Annexure-11 was passed without giving him opportunity to place before the Collector the instruction of the State Government contained in Letter No. 1302 dated 26.09.1992, Annexure-6. Accordingly, the impugned order dated 11.08.2001 passed by the Collector, Vaishali in Revenue Case No. 96 of 1997-98, Annexure-11 is set aside and petitioner is directed to appear before the Collector, Respondent No. 2 on 10th November, 2008, whereafter the Collector shall pass appropriate orders in accordance with law considering the instruction of the State Government contained in Letter No. 1302 dated 26.09.1992, Annexure-6. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)