INDRAMUNI DEVI Vs. SHANTI DEVI

JUDGEMENT

(1.) The petitioners have come up to this court praying to quash the Revisional Order dated 17th of March, 1983 passed under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as'the Act') in Revision case No. 220 of 1977 by the Joint Director of Consolidation (Headquarters), Patna (Respondent No. 11) as contained in Annexure-6 to this writ application.

(2.) In view of the solitary submission made by Mr. Prasad at the Bar that the Revision, in view of the Remand Order passed by this Court ought to have been heard and disposed of by Respondent No. 12 the Director of Consolidation, it is not necessary to state facts in detail.

(3.) It appears that the husband of petitioner No. 1, Dwariki Prasad, and others came up before this court in C.W.J.C. No. 313 of 1978 assailing the revisional o'rder passed by the then Director of Consolidation (Respondent No. 12) as contained in Annexure-4 of that writ application. The said writ application was heard and finally allowed by a judgment and order dated 7th January, 1980, as contained in Annexure-5 to this writ application. By the said order the case was remitted back to the Direct or of Consolidation, Bihar with a direction to hold personal inspection of the disputed land, for fresh hearing and decision after issuing notices to all parties. This court, in its judgment, also observed that if the entire area measuring 2.86 Acres of Plot No. 1124 appertaining to Khata No. 288 of village Kosiawan contains tank, then the whole area has to be excluded from the purview of the proceedings.