R B MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution has been filed for quashing the order of the Consolidation Officer, Dumraon, dated 18-10-1978 (Annexure 7) passed in Consolidation Case No. 38 of 1978, affirmed on appeal by the Deputy Director (respondent No. 3) and in revision by the Director of Consolidation, Bihar (respondent No. 2) by their orders contained in Annexures 8 and 9 respectively.

(2.) The area involved in this proceeding is about 40 bighas which was sold to the petitioner by respondent No. 5, the father of respondents 6, 7 and 8, namely, Maharaja Kumar Vishwanath Singh of Dumraon, acting as natural guardian of his aforesaid three minor sons, for a sum of Rs. 20,000/- by a registered sale deed dated 6-5-1959 (Annexure 2). It is this property that the petitioner has lost in the consolidation proceeding.

(3.) Briefly stated, the facts giving rise to the proceeding are as follows. Maharaja Keshav Prasad Singh, the Maharaja of Dumraon, had two sons, namely, Shri Ram Ran Vijay Prasad Singh and Maharaja Kumar Vishwanath Singh, respondent No. 5. Shri Ram Ran Vijay Prasad Singh had only one son, namely, Maharaja Kamal Singh, and Maharaj Kumar Vishwanath Singh, as already said earlier, had three sons. Title Suit No. 75 of 1951 was filed by Kumar Vishwanath Singh for partition is respect of the Dumraon Raj in the Court of the Subordinate Judge, Arrah. Later on he was also allowed to add his three minor sons as co-plaintiffs, who were shown under the guardianship of Shri Kanhaiya Singh (who later on became an Hon'ble Judge of this Court) as the next friend of the said minors. That title suit was ultimately compromised and respondent No. 5 and his three minor sons (respondents 6 to 8) were given separate properties, the sons having been exclusively allotted 58 acres of land under Khata No. 21 in village Bhojpur under Dumraon Police Station. It further appears from the order dated 19-11-1952 in the title suit that a sum of Rs. 90,000/- was allowed to be received by the said next friend of the minor plaintiffs and to deposit the same in the fixed deposit in terms of the compromise. On this very date the suit was also decreed in terms of the compromise against defendant No. 1, It may be mentioned that Shri Kanhaiya Singh was discharged from the guardianship of the minors on 22-2-1957 on being appointed a Judge of this Court.