BHRIGU NATH TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have questioned the legality and validity of the order dated 2.6.1987 recorded by respondent No. 2, Joint Director, Consolidation (M), Bihar, Patna, in Revision Case No. 382 of 1985 confirming the orders dated 28.1.1985 in Consolidation Appeal No. 83 of 1983 -84, and 13.1.1984 in Case No. 31 of 1983. -84, recorded by respondent No. 3, Deputy Director of Consolidation, Bhojpur, Ara and respondent No. 4, Consolidation Officer, Bhojpur, respectively, copies whereof are placed on record, which are examined by the Court.

(2.) LEARNED Counsels appearing for the parties have offered their submissions during course of final hearing. This Court has also, threadbare considered factual aspect of the material facts, as well as, the relevant proposition of law. It has been, vehemently, urged by the learnedC ounsel for the petitioners that the impugned order of the three revenue authorities are not sustainable as they are bad in law and without considering, seriously, the provisions of Sec.10 -A of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956) (For short the "Act of 1956"), contending that the original revisional authority, Assistant Consolidation Officer, has passed an ex parte order without application of mind which contention is countenanced by the learned Counsel for the respondents.

(3.) LEARNED Counsel for the petitioners has pressed into service the provisions of Sec.10 -A of the Act of 1956, as well as, passing of the order by the first revenue authority, respondent No. 4 without application of mind and ex parte.