DEEP NARAIN DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ganpati Trivedi, counsel for the petitioner. The State counsel is also present. No one appears for the private contesting respondents.

(2.) THE petitioner challenges the orders passed by the consolidation authorities directing that in the remarks column of the land register it should be recorded that respondents 6 to 11 had the right of passage and drainage over a piece of land admitedly held by the petitioner.

(3.) INITIALLY the respondents filed an objection for entering their names in regard to the disputed land. The objection was rejected by the Consolidation Officer, Amarpur by order, dated 23.2.1988 (Annexure 5/1). The respondents did not take the matter any further and the order, thus, attained finality. Later, they filed an application claiming right of passage and the right to flow the drain water over the disputed plot. This time their application met with success and the Consolidation Officer allowed their claim by order, dated 29.2.1988. Appeal and revision filed by the petitioner were dismissed by orders, dated 23.6.1988 and 13.1.1989 passed respectively by the Dy. Director Consolidation, Bhagalpur and the Principal, Consolidation Training Institute, Patna.