SURAJ PRASAD SINGH Vs. JOINT DIRECTOR CONSOLIDATION MUZAFFARPUR

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for quashing of the order dated 12-6-1992 passed by the Joint Director, Muzaffarpur in Revision case No. 224 of 1996, contained in Annexure 4 and further, has sought for issuance of a direction against the respondents not to give effect to the said order. By the said impugned order the Joint Director (respondent No. 1) has set aside the order passed by the Asst. Director, Consolidation (respondent No. 2) in appeal No. 14 of 1986 and the order passed by the Consolidation Officer (respondent No. 3) in objection case No. 54 of 1985.

(2.) The dispute is in respect of land appertaining to Khata No. 316 measuring 9.86 acres of village Dharampur Madan alias Chaurahiya. Khata No. 316 comprises altogether 18 plots.

(3.) In short, the case of the petitioner is that one Jagdish Singh had five sons, namely, Kasturi Singh, Ganaur Singh, Laljee Singh, Khobhari and Khaderan Singh. Laljee Singh died issueless. The petitioner is from the branch of Kasturi Singh, whereas respondent No. 4 represents the branch of Khaderan Singh and respondent Nos. 5 to 9 are from the branch of Khobhari Singh. The geneological table has been given in Annexure 1. According to the petitioner the entire land falling to the l/4th share of Khaderan Singh was sold before 1960. Bir Bahadur Singh, father of respondent No. 4 sold almost the entire land except about 8 kathas, which was also sold by respondent No. 4. Similarly, the entire lands falling in the l/4th share of Khobhari Singh was also sold by his descendants before 1-6-1968.