BHUBNESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the prayer of the petitioners is to quash the order of the Director of Consolidation, Bihar, Patna (Respondent No. 2) dated 30-10-1984 in Revision case No. 966 of 1978 setting aside the order dated 30-8-78, passed by the Deputy Director, Consolidation (Respondent No. 3) in Consolidation Appeal No. 61/77-78 and thereby affirming the order dated 14-11-77 passed by the Consolidation Officer, Udwantnagar in the District of Bhojpur (Respondent No 4) in Consolidation case No. 276/1945-76-77 purporting to be under Section 12-A (2) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act).

(2.) In short, the case of the petitioners is that they and respondent No. 5 are stated to be members of the joint Hindu family. Respondent No. 5 was Karta of the family consisting of petitioners also till 1968, when the lands of the family were divided for the purpose of agriculture. On 9-5-51 one Surya Bansh Singh, a pattidar of the petitioners and respondent No. 5 executed a registered deed of gift with respect to 5.31 acre of land comprising of several plots of old Khata No. 191. It is stated that respondent No. 5 being the Karta of the family blended the gifted lands with the ancestral lands of the family and the petitioners as well as respondent No. 5 came into joint possession and continued as such. During the last revisional survey Khata No. 109 was carved out of old khata No. 191 and it was recorded in the name of respondent No. 5 and Sant Bilash Rai, father of the petitioners. Although father's name of the petitioners was Sant Bilash Rai, by mistake in the Khatian Basant and Bilas were written in place of Sant Bilash Rai. The Khatian was finally published in the year 1970, in which the lands in question were recorded jointly in the name of respondent No. 5 and Sant Bilas Rai, despite objection filed by respondent No. 5 under Sec. 103-A of the Bihar Tenancy Act (hereinafter referred to as 'the B.T Act'). Respondent No. 5 filed petition under Section 108 of the B.T. Act and on the said petition suit No. 28/72 was started in the court of Asst. Settlement Officer, Arrah. However, during the pendency of the suit a consolidation proceeding was started and the said suit abated.

(3.) In the consolidation proceedings the lands were recorded in the joint names of Sant Bilas Rai and respondent No. 5 and registers of land and statement of principles were published under Section 9-A of the Act. Admittedly, no objection under Section 10(2) of the Act was filed by respondent No. 5 and accordingly Chak No. 69 was recorded in the joint name of Sant Bilash Singh and Nathuni Rai (respondent No. 5). It appears that respondent No. 5 filed an objection under Section 12-A (2) of the Act, upon which case No. 192/75 was started and the Consolidation Officer rejected the said objection in exercise of the power under Section 12-A (1). In the said case the petitioners claimed to have filed an application for substitution of their names after the death of Sant Bilas Singh, which was allowed vide order dated 12-11-75 in respect of khata No. 69/109. A true copy of the said order has been annexed as annexure-7.