NIRMAL KUMAR PAL Vs. JOINT DIRECTOR

JUDGEMENT

(1.) THE challenge in this writ application under Article 226 of the Constitution of India at the instance of the petitioners is against the order recorded, on 26.10.1987, by the Joint Director of Consolidation, Purnea, in Revision Case No. 2351 of 1985, affirming the order, passed by the Assistant Director, Consolidation, Saharsa, in Appeal No. 181 of 1983 dated 4.9.1985, reversing the order dated 24.6.1983 passed by the Consolidation Officer, Kishanpur in Case No. 299 of 1982, which was already dismissed by the Assistant Consolidation Officer, Kishanpur, in the same case.

(2.) WITH a view to appreciate the merits of this petition under Article 226 of the Constitution of India, let there be narration of short facts, which are important and relevant to the issue:

(3.) THE Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956), (For short 'the Act'), which received the assent of the President on 6th February, 1956, is designed to provide for the consolidation of holdings and prevention of fragmentation. The object is quite wholesome and healthy. This Act, has been enacted with a view to encourage amalgamation of agricultural lands to save interest of the agriculturists. In Section 10 of the Act provisions have been made for publication of registers of lands and statement of principles and objections thereon. Section 10 of the Act is attracted for consideration of the merits of the matter on hand. Therefore, it is quoted, profitably, hereunder: