Constitution of India, 1950; Articles 13 and 14/ Bihar Consolidation of

Holdings and Prevention of Fragmentation Act, 1956; Sections 3, 4(b) and

(c), 15(/) and (2) and Section 37:

Provision of the Bihar Consolidation of Holdings and Prevention of

Fragmentation Act-Constitutionality of-Full Bench/three Judge Bench of

High Court holding Section 15 of the Act ultra vires Articles 13 and 14 of the

Constitution of India-It also diluted the effect of the provisions of Section

4(b)(c) and Section 37 by enlarging jurisdiction of Civil Court under the Act,

ignoring an earlier decision of the Full Bench of the High Court on the same

issue as having been rendered per incuriam-On appeal, Held: Earlier decision

may seem to be incorrect to a subsequent Bench of co-ordinate jurisdiction on

ground of non-consideration of possible aspects of the matter-However, it

would not be reasonable to ignore the same as rendered per incuriam-Hence

not permissible-Such earlier decision would have binding effect-It would be

appropriate either to follow it or refer it to a larger Bench when decision

appears to be incorrect on merit-Matter remanded to the High Court to

dispose it of accordingly-Directions issued.

Words and Phrases:

'per incuriam '-Meaning and scope of