TaxTMI 
TaxTMI 
1973 (11) TMI 106
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.... the basis of:-- (i) inheritance being her husband's brother's son's sons: (ii) Will executed by Smt. Dhanraj Kuer on 12-10-1962 in favour of Bhagwan Singh: (iii) Registered sale-deed dated 4-4-1963 executed by Smt. Dhanraj Kunwar in respect of her entire holding including groves in favour of the petitioners. The petitioners' objection was rejected and the claim of the Gaon Sabha was upheld. The appeal filed by the petitioners was dismissed by the Settlement Officer (Consolidation) and their revision under Section 48 of the Act was also dismissed by the Deputy Director of Consolidation by his order dated 26-3-1966. The petitioners then moved the present writ Petition. 3. When the Writ Petition came up for hearing before Hari Swarup, J., he noticed that one of the questions that arose in the case was as to whether the widow was competent to transfer the whole of her agricultural holding without the prior permission of the Settlement Officer (Consolidation) as required by Section 5 (1) (c) (ii) of the Act. 4. Section 5 (1) (c) (ii) of the Act enacts that no tenure-holder, except with the permission in writing of the Settlement Officer ....
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....y including pisci-culture and poultry farming; or (ii) transfer by way of sale, gift or exchange any part of his holding in the consolidation area; Provided that a tenure-holder may continue to use his holding, or any part thereof, for any purpose for which it was in use prior to the date specified in the notification issued under Sub-section (2) of Section 4." It may at once be noticed that Clause (ii) is flanked by Clause (i) and the proviso at the end of Clause (ii). Clause (i) and the proviso deal with the ban on non-agricultural use of a holding while Clause (ii) imposes a ban on the transfer of a holding. In Clause (i) the expression used is "holding or any part thereof". The same expression is used in the proviso, which in fact, is a proviso to Clause (i) so that ban on the user of agricultural holding for non-agricultural purpose extends to the holding as a whole as also to a part thereof. But when we come to Clause (ii) the expression used is "any part of his holding". Obviously the ban contemplated under Clause (i) is not co-extensive with the ban contained in Clause (ii) otherwise there is no reason why the expression "holding or any part thereof" sh....
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....rve the land for agricultural purposes and that is why a complete ban has been placed on the use of the land for non-agricultural purposes. A ban on a part of the land only would not have served the purpose. Under Clause (ii) the ban was intended to prevent the fragmentation of holdings and, as such, it was placed only on a transfer of a part of the holding. There could be no objection to the transfer of the holding as a whole because if would not involve fragmentation but would involve only a change in ownership. The scheme underlying the Act was to consolidate agricultural holdings and to prevent their further fragmentation and also to preserve the land for agricultural purpose. It was not the intention to restrict the right of an owner to deal with his property by way of sale, exchange or transfer except to the extent that was necessary to carry out the objects of the Act. That is why a ban of a limited nature has been placed on transfers while a complete ban has been placed on the user of agricultural land for non-agricultural purposes. Having regard to all these circumstances it is not possible to take a different view. 7. The learned counsel for the petitioners submitted t....
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....ent or the Legislature of a State, shall be in the English language. (2) Notwithstanding anything in Sub-clause (a) of Clause (1) the Governor of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purpose of the State, in proceedings in the High Court having its principal seat in that State: Provided that nothing in this Clause shall apply to any judgment, decree or order passed or made by such High Court. (3) Notwithstanding anything in Sub-clause (b) of Clause (1) where the Legislature of a state has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated of the Governor of the state or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor of the State in the official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this Article." Under this Article two things have b....
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....age or languages to be used for all or any of the official purposes. Article 346 makes a provision about the official language for communication between one State and another or between a State and the Union. In Article 347 a provision has been made that on a demand being made the President may direct that a language other than the English language shall be officially recognised in a State or any part thereof for such purposes as may be specified. These Articles have no bearing upon the question before us. We are not concerned with the official language of a State but are concerned with the question of the language in which the Bills and Acts have to be passed by a State Legislature and that subject has been specifically dealt with in Article 348, which provides that notwithstanding anything in the foregoing provisions of this part of the Constitution, all Acts etc., shall be in the English language. It is thus clear that the provisions contained in Articles 345, 346 and 347 are subject to the provisions contained in Article 348. 10. The other argument is that in Clause (3) of Article 348 the use of words "notwithstanding anything in Sub-clause (b) of Clause (1)" suggests that t....