RAM PRASAD SINGH Vs. STATE

JUDGEMENT

(1.) The present writ application has been filed for quashing the order dt. 12-10-1987 passed by the Joint Director, Consolidation, Bihar, Patna, Respondent-2 (Annexure-8) dismissing Revision case No. 2393 of 86 and the order dt. 5-7-1986 passed by the Deputy Director of Consolidation, Vaishali at Hajipur, Respondent-3 (Annexure-6) dismissing the appeal bearing Appeal No. 11 of 1986-87 and the order dt. 13-5-1984 passed by the Consolidation Officer, Vaishali at Hajipur respondent No. 4 in Objection Case No. 1370 of 1983 (Annexure-3).

(2.) One Udit Narayan Singh had three sons namely Yadubansh Singh, Ragho Prasad Singh and Ram Kailash Prasad Singh, Ragho Prasad Singh died issueless. Yadubansh Singh had one son namely Ram Prasad Singh who is the petitioner in the present writ application Ram Kailash Prasad Singh died leaving behind his widow Sunaina Kuer and a minor son Mukesh Prasad Singh who are respondents Nos. 5 and 6 respectively in the present writ application. As stated above, Yadubansh Singh and Ram Kailash Prasad Singh were the two surviving sons of Udit Narayan Singh and they formed a joint family according to the Mitakshara Law and came into joint possession of the ancestral as well as the properties acquired from the joint family funds. The further case of the petitioner is that Yadubansh Singh father of the petitioner was a Class IV employee of the High Court and he retired some time in the year 1966 and lived in Patna along with the petitioner and other members of the family. Ram Kailash Prasad Singh the uncle of the petitioner and the husband and father of the respondents Nos. 5 and 6 respectivley was staying at his native place and was looking after the joint family properties. It has further been submitted that during the last revisional survey, Kailash Prasad Singh got lands of Khata No. 754 measuring 3 acres 30 decimals recorded in his name without any information to the petitioner. It has further been submitted that in 1976 Ram Kailash Prasad Singh taking advantage of the survey entry, started creating disturbance and as such, the father of the petitioner and the petitioner filed a partition suit in the Court of Sub-Judge, Hajipur, which was numbered as Partition Suit No. 13 of 1977. The partition suit was decreed ex parte in favour of the petitioner with respect to half share. The respondents Nos. 5 and 6 filed an application under O. IX, R. 13 of the Civil P.C. on which Misc. Case No 13/79 was started 7/ 81 but the same was subsequently, dismissed by order dt. 22-9-1981 against which Misc. Appeal No. 279 of 1981 is pending in this Court.

(3.) Subsequently, Yadubansh Singh, the father of the petitioner and Ram Kailash Prasad Singh died in course of time. When the consolidation proceeding was started, respondents Nos. 5 and 6 filed a petition for recording their names in place of Ram Kailash Prasad Singh. The petitioner came to know of the aforesaid facts and filed an objecton before the Consolidation Officer, Vaishali at Hajipur, respondent 4 but the said respondent, by order dt. 13-5-1984 without considering the objection of the petitioner recorded the name of respondents 5 and 6 in place of Ram Kailash Prasad Singh, vide Annexure-3 to this writ petition. The petitioner being aggrieved by order dt. 13-5-1984 (Annexure-3) filed appeal before the Deputy Director of Consolidation, Hajipur but the Deputy Director of Consolidation dismissed the said appeal by order dt. 5-7-1986 (Annexure-6). A revision petition was filed against the aforesaid order in the Court of Joint Director, Consolidation, Bihar Patna but the same was also dismissed by order dt. 12-10-1987 vide Annexure-8 to the writ petition.