RAM BILAS SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application under Articles 226 and 227 of the Constitution of India has been filed by the petitioners for quashing the order dated 30-10-1986 (Annexure-9) passed by Respondent No 2 purporting to exercise the powers under Section 33 of the Bihar Consolidation of Holdings and Prevention of Fiagmentation Act. 1956 (hereinafter to be referred to as 'the Act').

(2.) Petitioners No. 1, 2 and 3 (hereinafter to be referred to as the vendees had purchased certain plots of land from one Smt. Bachkali Kunwar mother of petitioners No. 4 and 5. the sale-deed is dated 21-2-1981 and has been filed as Annexure-1 to this applicacion. After the execution of the said Sale Deed, the vendees filed an application before the Consolidation Officer under Section 10-B of the Act for recording of their names in the revenue records. The Consolidation Officer by his order dated 27-5-1981 (Annexure-6) allowed their prayer. The proceeding was numbered as Objection Case No. 2/1980-81. Subsequently, Respondents No. 5, 6 and 7 filed another application under Section 10-B of the Act objecting the mutation of the names of the vendees In the revenue records on the ground that the vendor Smt. Bachkali Kunwar had no right and title over the lands, which have been sold by the Sale-deed (Annexure-1). This proceeding was registered as Objection Case No. 4 of 1981-82. The Consolidation Officer, on a detailed consideration of the matter, rejected the objection by his order dated 16-6-1982 (Annexure-7). Thereafter the said Respondents preferred an appeal viz Appeal No, 261 of 1982-83 but the same failed. Thereafter Respondents No 5 to 7 filed Revision Application vide Revision Case No. 1556 of 1982 before Respondent No. 2, who by his order dated 30-10-1986 (Annexure-9) purporting to exerciie powers under Section 35 of the Act, has set aside the order dated 27-5-1981 (Annexure-6) passed by the Consolidation Officer in Objection Case No. 2 of 1980-81.

(3.) Learned counsel appearing for the petitioners has submitted that the Respondent no. 2 has erred in setting abide the order dated 27-5-1981 (Annexure-6) passed in Objection Case No. 2 of 1980-81 inasmuch as the said order was not the subject matter of either the appeal preferred by the private Resnondents nor of revision application filed by them. On the other hand, it has been submitted on behalf of the private Respondents that since the Respondent no, 2 was exercising the revisional powers under Section 35 of the Act, which is wide enough for to interfere with any order passed under the Act by any authority, therefoie, the impugned order does not suffer from any illegality.