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Issues Involved
1. Premature Application 2. Jurisdiction of the Collector 3. Compliance with Rule 19 4. Right of Reconveyance Issue-Wise Detailed Analysis 1. Premature Application The appellant filed an application for reconveyance of land under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, XII of 1962, before the registration of the sale deed was completed. The High Court held that the right of reconveyance arises only upon the completion of the transfer, which is evidenced by the registration of the sale deed. Therefore, the application was deemed premature as the transfer was not completed when the application was filed. 2. Jurisdiction of the Collector The Collector's jurisdiction to entertain the application was questioned on the grounds that the transfer was not complete at the time of the application. The High Court and the Board of Revenue held that the Collector had no jurisdiction to entertain the application as the right of reconveyance had not accrued to the appellant. However, the Supreme Court found that the application was placed before the Collector on November 30, 1964, when the registration was completed, thereby validating the Collector's jurisdiction to entertain the application. 3. Compliance with Rule 19 Rule 19 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963, requires the application to be accompanied by a copy of the registered sale deed. The appellant annexed a certified copy of the sale deed presented for registration but not the registered deed. The High Court held that this non-compliance was fatal to the application. However, the Supreme Court ruled that the requirement to annex a copy of the registered deed is directory, not mandatory. The purpose of this rule is to furnish necessary information to the Collector, and substantial compliance, such as providing a certified copy of the sale deed, is sufficient. 4. Right of Reconveyance The right of reconveyance under Section 16(3) is intended to prevent fragmentation of holdings and to facilitate land consolidation. The High Court emphasized that this right is contingent upon the completion of the transfer and the deposit of the purchase money along with an additional 10% as solatium. The Supreme Court agreed that the right of reconveyance arises only upon the completion of the transfer, which is evidenced by the registration of the sale deed. The Supreme Court found that the appellant had complied with the necessary conditions, including the deposit of the requisite amount, and therefore, the right of reconveyance had accrued. Conclusion The Supreme Court allowed the appeals, set aside the judgments of the High Court and the Board of Revenue, and restored the order passed by the Collector and confirmed by the Commissioner. The respondents were ordered to pay the costs of the appeals as well as the costs incurred in the High Court. The Supreme Court emphasized that the requirement to annex a copy of the registered deed is directory and that substantial compliance is sufficient to validate the application for reconveyance.
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