SAMBHU PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State. A very short but important question has been raised by the counsel for the petitioner with regard to scope of Section 33A of the Bihar Consolidation (of Holdings and Prevention of Fragmentation) Act (in short, the "Act").

(2.) As it appears from the order impugned, the Deputy Director directly entertained an application filed by Parmeshwar Rai, respondent no.5 under Section 33A of the Act where the claim was made that the land of Khata No.206, plot No.1640/4678, Khata No. 207, area 73 decimals is ancestral property whose corresponding old Khesra No. is 1181 which was acquired through his ancestor by settlement and the same has been in his peaceful possession. It has further been mentioned that due to clerical error, a wrong entry has been made with regard to the aforesaid land and the land has been recorded in the name of petitioner's ancestor who had never any connection with the disputed land and request was made to make the necessary correction. The Deputy Director has, accordingly, without considering the materials on record, passed the order in favour of respondents.

(3.) Counsel for the petitioner submits that Section 33A of the Act empowers the consolidation authority to make necessary clerical correction but on wrong exercise of power, he has substantively declared the land in favour of respondent No.5 as the name of ancestor of petitioner has been altered by the Dy.