(1) A registration officer shall not register any instruments purporting or operating to transfer a raiyati holding or portion of a raiyati holding by sale or gift unless there is paid to him, in addition to any fees payable under the Act for the time being in force for the registration of documents, a process fee of the prescribed amount and the landlord’s registration fee payable under sub-section (2) of the section 24 together with the costs necessary for the transmission of the registration fee to the landlord.
(2) When the registration of any such instrument is complete, the registering officer shall send to the Deputy Commissioner the registration fee and the costs necessary for the transmission of the same to the landlord and a notice of the transfer and registration in the prescribed form, and the Deputy Commissioner shall cause the fee to be transmitted to, and the noticed to be served on, landlord named in the notice in the prescribed manner.
26. Effect of registration- On registration of a transfer under sub-section (2), or on the passing of an order for registration by the Deputy Commissioner under sub-section (5) of Section 24, the landlord shall be deemed to have consented to the transfer and shall be bound by the terms and conditions thereof.
CHAPTER VI
27. Settlement of waste land to be made by patta in prescribed form- Settlement of waste land shall be made by a patta or amalnama in the prescribed form. The patta or amalnama shall be prepared in quadruplicate, one copy shall be given to the raiyat concerned, one copy shall be sent to the Deputy Commissioner, one copy shall be sent to the landlord and the fourth shall be retained by the village headman or mulraiyat, as the case may be.
Sections 27,28,59 and 61- Settlement of Waste land.- order passed by Sub- Divisional Officer in favour of non-jamabandi raiyat, after following procedure prescribed thereof in Section 27 and 28. Settlement of Waste land in favour of non –jamabandi raiyat is not against law. Cancellation of settlement by Revisional and Appellate Authority amount to failure to justice. The provisions are not mandatory under the Act. {Mihir kumar jha v.
State of Bihar, 1997 (1) BLJR 172: 1997 (1) PLJR 716: 1997 BBCJ 364}.
Section 27 and 29-Mulraiyat and village pradhan are similar words- Village headman also same category- Mulraiyat can retain raiyati lands, patta of land cancelled. Because petitioner was grandson of village pradhan. Held- Cancellation is invalid as petitioner was not retaining any raiyat.- The word mulraiyat is synonymous with the word “Village Pradhan” or “village headmand” and only difference is that mulraiyat are entitled to retain their rayati lands. There was no material before Divisional Commissioner to hold that the petitioner was in any way retaining any raiyati land in the capacity of mulraiyat or in capacity or co-mulraiyat of the village and merely because the petitioner happened to be Bhagina (Sister’s son) of the village pradhanm he could not have been categorised a comulraiyat attracting the provisions of Section 29 of the Act. {Gadahar Mandal v. state of Bihar,2000 (2) BLJ 784: 2000 (3) PLJR 756 (Pat)}.
28. Principles to be followed in settling waste land or vacant holding- In making settlement of waste land or vacant holdings regard shall be had to the following considerations in additions to the principles recorded in the record-or-rights,
(a) Fair and equitable distribution of land according to the requirements of each raiyat and his capacity to reclaim and cultivate;
(b) any special claim for services rendered to the village community, society or State:
(c) contiguity or proximity of the wste land to jamabandi land of the raiyat;
(d) Provision for landless labourers who are bona fide permanent residents of the village and are recorded for a dwelling house in the village.
COMMENTS Section 28- Mandatory provisions-for settling waste land and vacant holding- These are to be followed necessarily- All the prerequisites for settling waste land and vacant holding cannot that the settlee must be a jamabandi raiyat or must be permanent raiyat or must be permanent resident of the village and they are recorded in the records of right. There was no any infirmity in the orders impugned passed by the Deputy Commissioner and the Divisional Commissioner.{Sheikh Allauddin v. State of Bihar,2000 (3) BLJ 95 (Pat)}.
Section 28- Mandatory provisions- For settling waste land and vacant holdings- All the pre-requisites for settling waste land and vacant holdings for settlement must be a permanent raiyat or must be permanent resident of the village and they are recorded in the records of right. There was no any infirmity in the orders impugned passed by the Deputy Commissioner and the Divisional Commissioner.{ Sheikh Allauddin v. State of Bihar, 2000 (3) BLJ 95 (Pat)}.
Section 25- Settling of waste and vacant land- The petitioners were neither permanent resident of the villages nor they were jamabandi raiyats and therefore the power as envisaged under section 28 of the Act was not exercisable in respect of them. There was no any infirmity in the order impugned passed by the Deputy Commissioner and the Divisional Commissioner. {Sheikh Allauddin v. State of Bihar, 2000 BLJR 1084 (Pat)}.
Section 28- Settling of waste and vacant land- Petitioners neither permanent residents nor jamabandi raiyats- Decision not allowing the settlement- Not warrants any interference- The petitioners were neither permanent residents of the village nor they were jamabandi raiyats and therefore the power as envisaged under section 28 of the Act was not exercisable in respect of them. For the reasons aforementioned therefore, there was no any infirmity in the orders impugned passed by the Deputy Commissioner and the Divisional Commissioner.{Nandgopal Bhadra v. State of Bihar,2000
(3) BLJR 1084(Pat)}.
There are ceratian consideration as specified in Section 28 of the Santal Pargana Tenancy act which have to be kept in view in making any settlement of the waste land in the district of Santal Pargana but the remedy if any against the contravention of those consideration is to file an application under section 32 of the Act and not by way of any independent suit. The order passed on the application under section 32 subject to any appeal and revision under section 57,58 and 59 of the Act shall as operate as final.
{Jahanbi Devi v. Bodi Mistry, 1965 BLJR Lxiv (Sum) }.
Section 27,28,59 and 61- Settlement of Waste land- Order passed by sub- Divisional Officer in Favour of non- jamabandi raiyat, after following procedure prescribed in Section 27 and 28 not illegal. Revisional Authority cancelled that settlement on a wrong notion of law and Appellate Authority affirmed that order of cancellation merely on ground that it does not amount to failure of justice- Committed manifest effort of law- Both these orders, thus, unsustainable . Settlement of waste land in favour of non- jamabandi raiyat is not against law. {Mihir kumar jha v. State of Bihar, 1997 (1) BLJR 172:
1997 (1) PLJR 716: 1997 BBCJ 364}