SURESH PD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner has sought a direction for quashing the judgment and order dated 4.7.1988, placed at annexure-7, recorded by respondent no. 2, the Joint Director, Consolidation, Patna, in Consolidation Revision no. 3018 of 1985 in exercise of the powers under Sec.35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956(Act), whereby, and whereunder, the order dated 8.11.1985 passed in Appeal No. 437 of 1985-86, by respondent no. 3 in terms of the provisions of Sec.10(3) of the Act, as well as, the order passed on 27.11.1979 by respondent no. 4 in Objection Case No. 195/1979 were reversed.

(2.) It appears from the record that the petitioner on learning that the disputed land measuring about 8 and 1/2 decimals had been recorded in the name of Bihar Sarkar(State of Bihar) filed his objection in respect of the disputed land under Sec.10 of the Act, inter alia, contending that the name of the Government is wrongly or mistakably recorded in the record of rights and also, contending that the manner and methodology by which his name came to be struck off and the name of the Government in respect of the disputed land came to be recorded in the record of rights is not in accordance with law as he was never given an opportunity of hearing. This contention was upheld by the authority. Therefore, an appeal was filed against that order of respondent no. 4, the Consolidation Officer, unsuccessfully. However, fn exercise of powers under Sec.35 of the Act the revisional authority, on hearing the parties and considering the facts reached to a conclusion that the objection of the petitioner is not justified and reversed the concurrent finding of facts recorded by two authorities, namely, respondent no. 4, the Consolidation Officer, as well as, the Deputy Director of Consolidation, respondent no. 3 in appeal.

(3.) In the earlier round of litigation the three authorities had decided in favour of the petitioner in respect of the disputed land which was challenged by respondent no. 5 Hare Krishna Pandey by filing a writ petition under Article 226 of the Constitution of India being C.W.J.C. No. 922 of 1987 in which the earlier impugned order dated 20.12.1986 passed by the Joint Director of Consolidation, Bihar in Revision Case No. 3018 of 1985 came to be quashed on 9.7.1987 in respect of the disputed land measuring 8 and 1/2 decimals which appertains to R.S. Plot No. 469, C.S. Plot No. 69 at Village Khajaul Bajitpur, PS. Garaul within the district of Vaishali. The petitioner in that petition and respondent no. 5 in this petition had raised the contention that he had been in possession of the disputed land. In that petition this Court allowed the petition and remanded the matter by directing the Director, Consolidation, to reconsider the case of the parties in accordance with law and pass appropriate orders.