DWARIK RAI Vs. JOINT DIRECTOR

JUDGEMENT

(1.) BY this writ petition, the petitioners have questioned the legality and validity of the order passed by the respondent Joint Director of Consolidation, Patna, in case No. 1576/86 dated 4.4.1988/12.5.1988, whereby, in revision, two earlier concurrent findings of fact recorded by the Consolidation Officer, dated 14.10.1985 and that by Deputy Director, Consolidation, dated 22.3.1986 in Appeal Case No. 948 of 1985 -86 came to be reversed.

(2.) THE land in dispute relates to P.S.P. No. 1467 measuring an area of 17 decimals arising out of old khata No. 24 plot No. 220 which was recorded in the name of the grandfather of the petitioners. As per the case of the petitioners, at present, both the parties, i.e. the petitioners and respondent No. 4 are holding half each of the disputed land. The case of the petitioners has been that they are entitled to 2/3rd share as per the law, relying on the genealogy, which is articulated in paragraph 4 of the petition. The same is required to be quoted for profit hereunder:

(3.) IT could very well be seen that the register prepared under Sub -section (2) of Section 9 of the Act and the statement of principles prepared under Section 9A are required to be published in the manner prescribed and shall remain published for not less than 30 days. It could further be noticed that if a person wants to raise objection, he is entitled to raise such objection within 45 days of the date of publication, before the Assistant Consolidation Officer. Under Sub -section (3) of Section 10 of the Act, the Assistant Consolidation Officer is obliged to consider the objection after holding an inquiry and decide the objection to settle the dispute or correct the mistake as far as may be by way of compromise between the parties appearing before him and pass orders on the basis of such compromise, whereas Sub -section (4) of Section 10 of the Act provides that all cases, which are not disposed of by the Assistant Consolidation Officer under Sub -section (3), all cases relating to valuation of plots and all cases relating to valuation of structures, tree, bamboo -clumps, well or other improvements for calculating, the amount thereof, and its apportionment amongst co -owners, if there be more owners than one, shall be forwarded by the Assistant Consolidation Officer to the Consolidation Officer who shall dispose of the same in the manner prescribed.