ABUL HASAN Vs. JOINT DIRECTOR OF CONSOLIDATION BIHAR

JUDGEMENT

(1.) HEARD leaned counsel for the petitioners and JC to SC IV.

(2.) THIS writ application is directed against the order as contained in annexure -3 dated 12.1.1987, whereby and whereunder the Respondent Authority in exercise of his power under section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, hereinafter to be referred to as the Act has set aside the orders passed by the Consolidation Officer and the appellate authority.

(3.) IT is submitted by learned counsel for the petitioners that after due enquiry necessary entry was made by the Consolidation Officer as required under section 10 of the Act, and therefore, there was no further requirement to hold on the spot enquiry under sub -section 7 of Section 10 of the Act. Learned counsel further submitted that in case no enquiry was held then the revisional court could have remitted back the matter to the authorities but he set aside the orders and closed the claims of the parties.