LAWS(PAT)-1975-9-7

BABULAL YADAV Vs. DIRECTOR OF CONSOLIDATION

Decided On September 30, 1975
BABULAL YADAV Appellant
V/S
DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) A scheme under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act') in relation to village Barakhurd, Thana No. 61, Thana Bihar, District Patna (now Nalanda) was confirmed on 20th of July, 1972. On 12th of August, 1972, notices for delivery of possession and measurement were issued. On 13th of October, 1972 delivery of possession and demarcation of holdings were completed but before certificates of transfer could be distributed an order staying their distribution WAS passed by the then Revenue Minister of the State of Bihar, Shri Kedar Pandey. The order was passed in May June, 1974 on an application of Jagat Kishore Prasad Narain Singh resulting in holding up of distribution and grant of certificate of transfer in respect of the holdings allotted to different raiyats under the scheme. The Revenue Minister also passed an order in purported exercise of power under Section 26 of the Act revoking and cancelling the old scheme of consolidation of holdings in tola Dharampur, Mahagupur, Noni-abighe and Manare of the said village Barakhurd and also for preparation of a fresh scheme of consolidation of holdings. In pursuance of this order, the consolidation officer, Ekangarsarai, as directed by Director of Consolidation, passed an order dated 16th of December, 1974, commencing de novo proceeding under the Act from the State of Khanapuri. The petitioners of these two writ applications pray for quashing of the aforesaid orders staying the distribution and grant of certificates of transfer and revocation of the old scheme as well as the preparation of a fresh scheme in respect of the lands of the aforesaid four tolas.

(2.) There are two petitioners in C. W. J. C. No. 193 of 1975, namely Chandrawati Singh and Raghuraj Singh. Chandrawati Singh is the wife of Ram Kishore Prasad Narain Singh, brother of Jagat Kishore Prasad Narain Singh, and Raghuraj Singh is the husband of Janak Kishori, a sister of Jagat Kishore Prasad Narain Singh. In C. W. J. C. 192 of 1975 originally there were 60 petitioners. Subsequently learned lawyer appearing for the petitioners got the names of as many as 23 of the petitioners deleted and now there are only 37 petitioners. Jagat Kishore Prasad Narain Singh is respondent No. 5 in C. W. J. C. No. 193 of 1975 and respondent No. 4 in the other case. The Consolidation Officer, Ekangarsarai, is respondent No. 3 in C. W. J. C. No. 193 of 1975 and respondent No. 2 in the other case. The Director of Consolidation, Bihar, is respondent No, 4 in C. W. J. C. No. 193 of 1975 and respondent No. 1 in the other case. State of Bihar is respondent No. 1 in C. W. J. C. No. 193 of 1975 and respondent No. 3 in the other case. Shri Kedar Pandey the then Revenue Minister is respondent No. 2 in C W. J. C. No. 193 of 1975. He has not been made a party in the other case. Chandrawati Singh and Raghuraj Singh, the petitioners of C. W. J. C. No. 193 of 1975 are respondent Nos. 5 and 6 respectively in the other case. The points for decision in the two cases being almost common they have been heard together and are being disposed of by this judgment wherein Chandrawati Singh and Raghuraj Singh will be referred to as the Petitioners of C. W. J. C. No. 193 of 1975 and other respondent of either case according to their number in C. W. J. C. No. 193 of 1975.

(3.) Order for notification under Section 3 of the Act in respect of village Barakhurd was passed by respondent No. 3 as early as 11th of January, 1962 and the scheme, as stated earlier, was completed on or about 20th of July, 1972. According to the case of the petitioners of both the cases, various steps in relation to preparation of tbe scheme as envisaged by the Act were taken during this period. Objections were invited and received under Section 12 of the Act in the year 1967-68 after the publication of the draft scheme and again in 1972 under Section 13 of the Act and no objection at all was filed by respondent No. 5 at any stage. Tt was only some time in 1973 (on 17th of February, 1973) that respondent No. 5 filed a petition annexure 3 to C. W. J. C. No. 193 of 1975 before respondent No. 3 for recording his name in place of the petitioners of C. W. J. C. No. 193 of 1975. Respondent No. 3 submitted a report (annexure A to the counter affidavit of respondent No. 5) which according to the aforesaid petitioners, was collusive one. The same matter was, however, agitated before and heard by the Deputy Director of Consolidation and disposed of by his order dated 10th of January, 1974 (annexure 4 to C. W. J. C. No. 193 of 1975). He rejected the prayer of respondent No. 5. Respondent No. 5 then filed an application under Section 35 of the Act before the Board of Revenue which was heard and disposed of by the Additional Member, Board of Revenue. He rejected the application. Against that order respondent No. 5 also moved this Court in C. W. J. C. No. 190 of 1974 which was not admitted Respondent No. 5 then filed an application before respondent No. 1 for revocation of the old scheme and preparation of a new scheme under Section 26 of the Act. The then Revenue Minister (Shri Lahtan Choudhary) took the view that it would not be proper to revoke the whole scheme at the instance of an individual who could pursue his remedy in civil court. The Chief Minister recorded his concurrence to this view. The order of rejection, as claimed by the aforesaid two petitioners, was communicated to respondent No. 5 vide letter No. 943 dated 28th of May, 1974.