KRISHNA KR SINGH Vs. DIRECTOR CONSOLIDATION

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the order, dated 12.1.1988, recorded by the respondent no. 1, the Director of Consolidation (flying Squad) in Rev. Case no. 896 of 1987 contained in Annexure 7 reversing the order of the appellate authority dated 8.4.1987 contained in Annexure 6 passed in favour of the petitioner and, also, the order dated 20.10.1986 passed by Chakbandi Officer, Belhar in Case no. 40 of 1986-87 under Sec.10(B) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Act XXII, 1956), whereby, it is directed that the name of the respondent 2nd party be recorded in the land register after deleting the name of the petitioner, which is erroneous and bad in law.

(2.) Both the learned Counsel appearing for the parties have been heard, factual aspects are examined and the relevant proposition of law is, also, considered.

(3.) The dispute revolves round, is the homestead land bearing 'Kheshra' no. 888 'measuring 0.6 decimals which stood recorded in the name of one Most. Akuliya wife of Kashi Banwar and the land was Belagan and later she abandoned the land and the land came in khas possession of the petitioner.