AJABLAL RAI Vs. JOINT DIRECTOR, CONSOLIDATION

JUDGEMENT

(1.) SHORT question which has surfaced for consideration and adjudication in this application under Article 226 of the Constitution of India, is whether once the matter having been remanded back to the original revenue authority, and upon remand, the original authority having decided the matter, could a party avail the benefit of revision under Sec.35 of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 (in short "the Act"), short -circuiting the channel of appeal under Sec.10(6) of the Act?

(2.) IT is not in dispute that the petitioners have lost in revision under Sec.35 of the Act, which was directed against the adjudication made by the Consolidation Officer in an earlier round of litigation upon remand of the matter for reconsid - eration by the appellate authority under sub -section (6) of Sec.10 of the Act. In view of the settled proposition of law, once the matter is remanded for fresh consideration, or for hearing de novo and if the aggrieved party wants to challenge, obviously, it has to take recourse to the normal channel statutorily provided under the Act. There could hardly be dispute to this proposition.

(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 Sec.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 Sec.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. Sub -section (5) of Sec.10 provides how to deal with the objections and decide. Sub -section (6) of Sec.10 of the Act empowers the aggrieved party to file an appeal against the order of the Assistant Consolidation Officer to Assistant Director of Consolidation whose decision except as otherwise provided by or under Act, shall be final. Sub -section (7) of Sec.10 of the Act prescribes procedures for holding of proceedings. Sub -section (6) of Sec.10 of the Act provides a right to appeal, whereas Sec.35 of the Act provides a revision and reference.