NAGESHWARI DEVI Vs. JOINT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) THE petitioners have filed the present writ petition under Articles 226 and 227 of the Constitution of India assailing the validity and correctness of order dated 17.4.1989 (Anneure-3) passed in Consolidation Revision No. 2075 of 1988 by the respondent Joint Director of Consolidation (Muzaffrpur), Patna, whereby while setting aside the appellate order dated 29.3.1988 (Annexure-2) passed in Appeal Case No. 621 of 1987-88 by the respondent Deputy Director of Consolidation, Vaishali, he has affirmed the original order dated 9.9.1987 (Annexure-1) passed in Case No. 205 of 1986-87 by the respondent Consolidation Officer, Mahnar, rejecting the claims of the petitioners with respect to the lands under dispute and allowing the said claims of the respondent Nos. 4 to 6.

(2.) THIS case has a checkered history. The writ petition was filed as far back as on 10.7.1989 and was admitted by an order dated 21.11.1990. When this case was taken up for hearing on 25.4.2007, learned counsel appearing on behalf of the respondent No. 5 submitted before this Court that on account of death of respondent Nos.4 and 6 long ago, the writ petition has abated as against them for want of substitution of their heirs ad legal representatives. However, the matter was adjourned for a week, enabling him to file an affidavit in support of his above claims.

(3.) IT is admitted case of the parties that against the order of dismissal of the present writ petition by aforesaid order dated 8.5.2007, neither any L.P.A. before a Division bench nor any review petition before the same Bench was filed on behalf of the petitioners and the aforesaid order dated 8.5.2007 became final.