BHANUMATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, by this writ application, challenges the order, as passed by the Director, Consolidation, Bihar, Patna in Consolidation Revision Case No. 238 of 2010, dated 14.2.2011 The order was obtained by one Rajendra Prasad Singh, who had moved the Director, Consolidation in revision under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. The said Rajendra Prasad Singh is respondent no. 5 to this writ application and has appeared and filed a counter affidavit.

(2.) Heard the parties and with their consent this application is being disposed of at this stage itself.

(3.) Apart from factual issue, which I do not propose to go into, learned counsel for the petitioner submits that the Director Consolidation ought not to have exercised the revisional jurisdiction under Section 35 of the Consolidation Act in relation to a matter, which was settled as far back as in 1983 by creation of Chak and parties being put in possession thereof in substance the contention is that respondent no. 5, who is an agene had got along with other co-sharers land in newly created Chak no. 32 and the petitioner was allotted land in Chak no. 33 simultaneously. This was in 1983. The revision application was filed in 2010 with no other proceeding under the consolidation statute being taken up by respondent no. 5. In other words, it is submitted that though Section 35 of the Act does not provide limitation of period within which the revisional jurisdiction can be invoked. It must be invoked as soon as possible and within a reasonable period and not after twenty seven years as in the present case.