AIROnline 2019 Pat 1453 ::(2019) 4 Pat LJR 430

Patna High Court

Hon'ble Judge(s): Amreshwar Pratap Sahi , C.J. AND Chakradhari Sharan Singh, Ashutosh Kumar, Sanjay Priya, Rajeev Ranjan Prasad , JJJ

(A) Bihar Consolidation of Holdings and Prevention of Fragmentation Act (22 of 1956) , S.4(c)— Constitutional validity - Provisions of S. 4(c) - Not violative of Art. 14. AIR 1980 SUPREME COURT 2051, Followed. Constitution of India , Art.14— (Para 308) (B) Bihar Consolidation of Holdings and Prevention of Fragmentation Act (22 of 1956) , S.15, S.16— Certificate of transfer and Confirmed scheme to be treated as finally published record-of-rights - Plea of confliction between both provision - Ss.15,16, operating in mutually exclusive fields and they are supplementing each other - No conflict between two provisions. 2000 (2) PLJR SC 338, Rel. On. (Para 310) Section 15 of the Consolidation Act of 1956, provides that the certificate in the prescribed form shall be conclusive proof of title of the raiyat with respect to holding mentioned in the certificate but it should be kept in mind that the certificate is prepared on the basis of register of land and the register of land itself is prepared on the basis of the record of rights prepared under the concerned Tenancy law which is Bihar Tenancy Act, Chotanagpur Tenancy Act or the Santhal Parganas Settlement Regulat....