SUKHDEO SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned State Counsel appearing on behalf of respondent nos. 1 to 4. However, none appears on behalf of respondent no. 5.

(2.) THE petitioners are aggrieved by order dated 15.7.1992 (Annexure-6) passed in Consolidation Revision Case No. 1386 of 1987 and 1387 of 1987 analogously by the respondent Joint Director of Consolidation, Muzaffarpur, whereby claim of respondent no. 5 with respect to the lands under dispute has been allowed. Learned counsel for the petitioners has fairly submitted that in Title Suit No. 274 of 1974/8 of 1977 judgment and decree was passed by the Civil Court in favour of respondent no.5 with respect to the lands under dispute, but Title Appeal No. 16 of 1978/ 4 of 1981 preferred by the petitioners abated in terms of Section 4 (c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (in short Act).

(3.) FROM the materials available on record this Court finds that there is serious dispute of right, title and possession between the parties with respect to lands under dispute, which cannot be effectively decided in the present proceeding under Articles 226 and 227 of the Constitution of India by this Court.