PRATAP CHAND PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) . In this writ application, the petitioner has, inter alia, prayed for quashing of the order dated 31.12.1983 passed in Revision Case No. 477 of 1980 by the Joint Director of Consolidation, Bihar (Respondent No. 4) contained in Annexure 3, whereby he has affirmed the order dated 7.3.1980 passed by the Deputy Director of Consolidation, Purnia (Respondent No. 3) in Misc, Petition No. 3 of 1979-80 contained in Annexure 2. By the said order dated 7.3.1980, respondent No. 3 has set aside the order dated 26.12.1978 passed by the Consolidation Officer, Purnia, purported to have been passed under Section 10(2) of the Bihar Consolidation of Holdings & prevention of Fragmentation Act, 1956 (hereinafter referred to as "the said Act").

(2.) The facts of this case is in a very narrow compass.

(3.) The petitioner is alleged to have acquired 19.31 acres of raiyati holding pertaining to C.S. Khesra Nos. 172, 173, 176 and 177 of C.S. Khata No. 9 of Mauza Pariharpur within the Baisi Police Station in the district of Purnia by virtue of a registered sale-dead as also by auction purchase. Although the details of the persons from whom these plots were purchases have not been mentioned in the writ application, in paragraph 39 whereof it is stated that the land were purchased through different sale deeds in between 1943 and 1955. It was also alleged that the raiyati interest in Khata No. 4 of plot No. 202/230 having an area of 0.411/2 acre was acquired through auction sale.