BHAGWAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have challenged the order dated 2.1.1991, passed by the Joint Director of Consolidation (Head quarter) Bihar, Patna under Section 35 of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act').

(2.) The short facts are that there was a consolidation proceeding. The petitioners' name came to be recorded on. Plot No. 15975 measuring 4 decimals in village Manikchak and statement was prepared under Section 9A. The date on which the statement was prepared has not been mentioned in the pleadings of the writ application. Plot No. 15975,15974 and 15976 have been carved out of Cadastral Survey Plot No. 5584. The petitioners and opposite parties come from the common ancestor- Subansh Jha, thus the petitioners' father and the respondents' father are cousins.

(3.) On learning of the application under Section 9 and 9A of the Act, the respondent no. 6 filed an objection under Section 10(2) of the Act. The case of the respondents is that there was a partition between the family before the cadastral survey. The respondents allowed the father of the petitioners Kishori Jha to live on part of the house belonging to the respondents situated on Plot No. 15975. The respondents taking advantage of this fact got their name entered in the consolidation proceedings. The petitioners on the other hand claim that they were in possession of the land and as such the appeal of the respondents has been wrongly allowed by the Joint Director, Consolidation.