SHYAM DULARI DEVI Vs. PRINCIPAL CONSOLIDATION TRAINING INSTITUTE

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 20.9.1993 (Annexure -3), passed by the Principal, Consolidation Training Institute, Patna, in Revision Case No. 248 of 1988 (Shrikant Pandey and others V/s. Shyam Dulari Devi and others), and Revision Case No. 249 of 1988 (Shrikant Pandey and others V/s. Shyam Dulari Devi and others), in purported exercise of powers under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (herinafter referred to as the Act), whereby he allowed the revision applications of respondent nos. 4 to 6 herein, has set aside the orders of the learned first authority and the appellate authority, and held that the petitioner is not the daughter of Hari Narain Tiwari and Pawdhari Devi.

(2.) ACCORDING to the writ petition, the following genealogy of the parties is relevant in the present context :

(3.) WHILE assailing the validity of the impugned order, learned counsel for the petitioner submits that the Principal of the Consolidation Training Institute cannot ex -ercise revisional powers under Section 35 of the Act in view of the scheme of the Act and the judgment reported in 2002(3) P.L.J.R. 633 (Rajdeo Rai and others V/s. The State of Bihar and others). He next submits that the learned first authority and the appellate authority have held that the petitioner is the daughter of Hari Narain Tiwari and Pawdhari Devi which, being issue of facts, cannot be set aside by the learned revisional authority in view of the scope of Section 35 of the Act. He relies on the following judgments: (1)1994(3) J.T. 341=1994 Suppl. (2) SCC 198 (Ram Dular V/s. Dy. Director of Consolidation, Jaunpur and others); (2) 1974 P.L.J.R. 27 (Nand Kumar Rai and others V/s. State of Bihar and others); (3) 2001 (1) P.L.J.R. 266 (Ramotar Yadav and others V/s. The State of Bihar and others); (4) 1996(2) P.L.J.R. 890 (Kailash Rai and others V/s. The Joint Director of Consolidation, Bihar, Patna and others); (5) 1996(2) P.L.J.R. 924 (Jagu Mallah and others V/s. The State of Bihar and others); (6) 1978 B.B.C.J. (SC) 12 (Thakur Das (dead) by R.Rs V/s. State of Madhya Pradesh); (7)1989 P.LJ.R. 1203 (FB) Kalika Kuar alias Kalika Singh V/s. The State of Bihar and others); (8) A.I.R. 2003 SC 2443 [: 2003(3) PLJR (SC)76] (State of Bihar V/s. Kalika Kuer alias Kalika Singh and others); (9) 1979 BBCJ 259 (FB) (Ram Krit Singh and others V/s. The State of Bihar and others). 4.