RADHIKA DEVI WIFE OF SURYA NAND SINGH (EXPUNGED VIDE ORDER DATED 12.10.2015 AND SUBSTITUTED BY HER FOLLOWING HEIRS AND LEGAL REPRESENTATIVES Vs. THE STATE OF BIHAR THROUGH THE SECRETARY, REVENUE AND LAND REFORMS, OLD SECRETARIAT, HARDING ROAD, PATNA

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the petitioners and the learned AC to G.P. 12 appearing on behalf of the respondent no. 1 to 5. However, none appears on behalf of the private respondents despite issuance of notice to them by order dated 25.09.2013 and again by the order dated 12.10.2015.

(2.) The petitioners are aggrieved by the order dated 17.01.2008 passed in Consolidation Revision Case No. 16 of 2001 by the respondent Joint Director of Consolidation, Muzaffarpur, as contained in Annexure-2 to the writ petition, whereby the aforesaid revision application filed on behalf of the petitioners under Sec. 35 of The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (In short 'Consolidation Act') has been dismissed and the order dated 02.03.2001 (Annexure-1) passed by the appellate authority has been affirmed. The petitioners are also aggrieved by the appellate order dated 02.03.2001 passed in Consolidation Appeal No. 486 of 1982 by the respondent Deputy Director of Consolidation, Muzaffarpur in exercise of his powers under Sec. 10(6) of the Consolidation Act, whereby the aforesaid appeal filed on behalf of the private respondents or their predecessor has been allowed by a reasoned and speaking order, and the order dated 10.11.1978 passed by the Consolidation Officer, Kurhani in Consolidation Case No. 599 of 1977 has been reversed and set aside.

(3.) The disputes in the present proceeding relate with respect to parcels of land bearing plot no. 3033 area 13 decimals, plot no. 3036 area 24 decimals and plot no. 3069 area 41 decimals, which have been carved out from old khesra no. 2227 appertaining to old khata no. 36, total area being 1 acre 2 decimals.