ISLAM MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by three petitioners challenging inter alia the orders passed in consolidation proceedings under the provision of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act). The petitioners main grievance is against the order dated 20-6-1988 passed by Deputy Director of Consolidation under Sec. 35 of the said Act in Consolidation Revision No. 1285 of 1987 reversing the order dated 25-5-1987 passed in Consolidation Appeal No. 366/86-87 in favour of the petitioner and confirming the order dated 8-4-1986 passed by Consolidation officer, Bhagwanpur, district Rohtas in case No. 27/85-86. The petitioner has prayed for quashing of the orders, the one passed by revisional authority, contained in Annexure 1, and the other passed by original authority, contained in Annexure 2.

(2.) Various factual questions have been raised in this petition, but for the purpose of deciding the disputes in writ jurisdiction, this court proposes to record only those facts which are relevant.

(3.) The dispute relates to plots of land recorded in revisional survey khata No. 112, plot Nos. 144 and 145 having an area of 1.10 acre and 1.32 acre, respectively. The dispute is also extended to the plot of land recorded in revisional survey khata No. 17, plot No. 30, area 94 decimals, and the total area covers plot of land to the extent of 3.36 acres in village Maraicha P.S. Bhagwanpur, District Rohtas.