SUKH BILAS ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In both the writ petitions alongwith their respective Interlocutory Applications, common and identical issues of fact and law are involved. Therefore, with consent of learned counsel appearing for the parties, both the matters were heard together at great length and are being disposed of together by this common judgment/order. Both the writ petitions filed under Articles 226 and 227 of the Constitution of India arise out of consolidation proceedings under the provisions of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (in short "Consolidation Act").

(2.) In C.W.J.C. No. 2864 of 1984, altogether 7 petitioners have assailed the validity and correctness of the order dated 9.3.1984 passed in Revision Case No. 174 of 1979, as contained in Annexure-3 to the writ petition, by the respondent Joint Director of Consolidation, Patna, allowing the claims of the private respondents with respect to the lands under dispute. Similarly, in C.W.J.C. No. 10390 of 1993, altogether ten petitioners have assailed the validity and correctness of the order dated 9.7.1993 (Annexure-3) passed in Revision Case No. 984 of 1989 by the respondent Joint Director of Consolidation, Muzaffarpur, allowing the claims of the contesting private respondents with respect to the lands under dispute.

(3.) In both the writ petitions, either some of the petitioners or/and some of the respondents have died during the pendency of the main writ petitions. Therefore, separate interlocutory applications in the nature of substitution petitions have been filed on behalf of the petitioners in both the cases.