KABUTARI DEVI Vs. CONSOLIDATION OFFICER

JUDGEMENT

(1.) In this writ petition under Articles 226 and 227 of the Constitution of India, the challenge is against the orders of the revisional authority, dated 10.6.1988, and 16.9.1988 recorded by the Deputy Director, Consolidation (Hqrs.), Patna, who is respondent No. 3, in Consolidation Revision No. 2765 of 1985, a copy whereof is placed as Annexures 7 and 10, respectively.

(2.) Learned Counsel for the parties are heard. Entire record is examined. The relevant provisions of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 ("Act of 1956") have been considered and examined for the purpose of appreciation of the submissions raised in this writ application under Article 226 of the Constitution of India.

(3.) The respondent No. 4 is the original applicant, who preferred an application under Section 10-B of the Act of 1956 giving rise to Case No. 14 of 1981-82, for consolidation and mutation of his name in respect of the land bearing no. Khata No. 13, Kharari Thana No. 222 having an area of 18.10 acres in P.S. Karahgar, District Rohtas, which is hereinafter referred to as the disputed land. The petitioner appeared in the said case and filed a written statement raising various pleas including the plea of maintainability of the case.