CHANDRASHEKHARPRASADSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present writ petition, petitioners have assailed the order dated 12-2-1983 passed by the Joint Director of Consolidation (Muzaffarpur), Patna, in Case, no. 386 of 1979 by which Joint Director of Consolidation has refused to exercise his jurisdiction under section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Hereinafter to be referred to as 'the Act'). Said order is appended as Annexure-5 to the writ petition. Further prayer has also been made for quashing the orders contained in Annexure-1 and 3. Petitioners have further prayed for consequential reliefs thereto.

(2.) The dispute relates to land bearing R. S Plot no. 479 having an area of 41 (sic) decimals situated in village Pilkhi Gajpatti in the the district of Muzaffarpur.

(3.) Petitioners case is that the said land is their homestead land over which their residential house is situated. During the course of survey settlement operation undertaken in Sakra Moraul Block, purchas were issued. From the said purchas, it appears that the area of the land in question was recorded as 35 decimals instead of 45 decimals. Said revisional survey plot comprises of cadestral survey plots 733 (part) 734, 736, 737, 738 and 745 (part).