MOTI LAL CHAMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In a consolidation proceeding in 1977 certain entries were made incorporating the names of the petitioners and respondent No. 4 in respect of certain lands. The two petitioners are step-brothers. On basis of these entries, illegal certificates of possession and title were issued by the consolidation authorities. In the year 2009 i.e. 40 years thereafter, respondent No. 4 filed a revision application before the Director, Consolidation under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (for short 'the Act'). The Director, Consolidation has set aside the order of the Consolidation Officer of the year 1977 and consequential survey khatian etc. in these proceedings. This is what is under challenge in this writ petition.

(2.) On behalf of respondent No. 4 a counter affidavit has been filed stating that respondent No. 4, who was residing at Delhi all along, recently retired and returned in the year 2003 and then learnt about these facts. Earlier he had absolutely no information as he had never come to this State since 1964. He, accordingly, on coming to know of these facts filed a revision application, which was allowed.

(3.) Learned counsel for the petitioners submits that in 1977 an objection petition was filed by petitioner No. 2 with regard to the entry. Immediately applications on behalf of petitioner No. 1 and respondent No. 4 were filed admitting the facts. Accordingly, orders were passed. According to respondent No. 4, this was fraudulent as he had never filed such an application. In fact, what had happened was that respondent No. 4 had succeeded to lands of his mother. As said above, petitioners are step-brothers. They wrongly got entered their names. Respondent No. 4 has only recently come to know the said fact and, accordingly, he moved the Director, Consolidation in revision.