KAMLA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the Petitioner and the Counsel appearing on behalf of Respondent No. 5.

(2.) In the year 1980, three objections under Section 10(B) of the Consolidation Act were filed with a respect to the disputed lands which were Case Nos. 459, 465 & 463 of 1979-80. During the proceedings, the State of Bihar was noticed as the lands were recorded as 'ANABAD BIHAR SARKAR'. It is not clear as to what the stand of State of Bihar was with respect to the lands in question. The Petitioners 1 and 2 claim to be the purchasers from the settlees of the lands. The cases were allowed in favour of Ram Bachchan Sah and it was ordered that consolidation chak should be opened in his name. One of the persons filed an appeal which was also dismissed vide order dated 31.1.1984. Respondent No. 5 filed Appeal No. 1 of 2005-06 under Section 10(B) of the Consolidation Act which was disposed of on 17.10.2006 rejecting his claim. The case of Respondent No. 5 is that his father had taken settlement of the lands from the ex-landlord. Against the order passed in appeal dated 17.10.2006, Respondent No. 5 preferred revision application under Section 35 of the Consolidation Act which has been allowed in his favour on 4.5.2007.

(3.) The following facts emerged from the various orders of the Courts: