CHANDARIKYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 30th March 1990 passed by the respondent No. 3 and as contained in Annexure-1 to the writ application as also the order dated 1-10-1991 passed by the respondent No. 3 and as contained in Annexure-2 thereto.

(2.) The fact of the matter is not much in dispute. A consolidation proceeding was initiated in village Manjhaulia. According to the petitioners in the said consolidation proceeding Chak No. 12/3 measuring an area of 1,88 acres was allotted to them as out of the said Chak, the petitioners were owner of 99 decimals of land whereas respondent No 5 owner of only 13 decimals of land. Similarly Chak No. 95/2 measuring area of 1.23 acres was notified in the name the petitioner No. 4, as out of the said land be had 65 decimals of land whereas five decimals of land belonged to respondent No. 5. Chak No. 272/5 measuring an area of 1.07 acres land was allotted in the name of Manjhaulia Singh, Renrup Singh, Doreu Singh and Rajaram Singh Chak, No. 5/6 measuring an area of 1 67 acres was allotted to Yogendra Singh, Kameshwar Singh, Rajeshwar Singh and Sudarshan Singh, Chak No. 180/2 measuring an area of 53 decimals was allotted to respondent No. 5.

(3.) The respondent No. 5 filed an objection before the Consolidation Officer with regard to allotment of the aforementioned Chake resulting in initiation of a proceeding being Case No. 31/89. The respondent No. 5 claimed that he had 35 decimals of lands which had wrongly been included in 3 chaks, namely 13 decimals in Chak No. 12/3,5 decimal in chak No 95/ 2, and 17 decimals in Chak No. 272/5, which was allotted to Ram Sarup Singh and others.