RAJDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners and learned GP VII.

(2.) In view of the error apparent on the face of the impugned order which goes to the root of the matter and renders the same a nullity, I have chosen to finally dispose of this writ petition without issuing notices to Respondent Nos. 5 to 16, who are private parties. This writ petition is directed against the order dated 10.8.2000 (Annexure 1), passed by the Deputy Director of Consolidation (H.Q.), Bihar, Patna, in Revision Case No. 26 of 1995 Ramji Rai and Ors. V/s. Rajdeo Rai and Ors. in purported exercise of powers under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as 'the Act').

(3.) In view of the nature of the order going to be passed in this case, there is no need to recapitulate the facts in detail. The appellate order dt. 16.4.1992 (Annexure 2) was passed by the Deputy Director of Consolidation, Vaishali, in Misc. Case No. 116 of 1991 Rajdeo Rai V/s. State of Bihar and Ors. The aggrieved party had thereafter filed a review application before the same authority which was disposed of by order 19.11.94 (Annexure 5). The aggrieved party filed Revision Application No. 26 of 1995 (Ramji Rai V/s. Rajdeo Rai under Section 35 of the Act which has been disposed of by the Deputy Director of Consolidation (H.Q.), Bihar, Patna in Revision Case No. 26 of 1995 Ramji Rai V/s. Rajdeo Rai and Ors., by the impugned order. Hence the present writ petition.