ROHIT RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India, the petitioners have questioned the legality and validity of the order, dated 24.3.1987, recorded by respondent no. 2, Joint Director of Consolidation, Bihar, Patna, in Consolidation Revision Case No. 605 of 1982, which was filed by the private respondent no. 5, whereby, the order, dated 30.3.1982 passed in Appeal No. 80 of 1981 -82 by the respondent, Deputy Director of Consolidation, Bhojpur at Ara, confirming the order, dated 18.2.1982 passed in Objection Case No. 36 of 1978 by respondent no. 4, the Consolidation Officer, Rajpur, came to be reversed. Hence, this writ petition at the instance of the respondent in revision.

(2.) THE dispute revolves round the partial land measuring about 48 decimals out of C.S. Plot No. 1559, appertaining to C.S. Khata No. 271. The total area of land of C.S. Plot No. 1559 is 1.83 acres.

(3.) THE genealogy in tabular form relied by the petitioners&apos is here as under: '' Whereas, the private respondents table which is as follows: '' have submitted a separate geneallogical It is the case of the petitioners that they are relatives of common ancestor, Dulam Roy, and there was a private partition in respect of the land between the family of the petitioners arid other cosharers including respondent no. 5, since deceased, represented by heirs.