BANSU BHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the private respondents as well as learned AC to GP-24 for the State.

(2.) This writ petition has been preferred against the order dated 23.07.2009 passed by the learned Director of Consolidation, Bihar, Patna, in Consolidation Revision Case No. 2073 of 1998, by which and where under he set aside the order dated 24.12.1983 passed by the Consolidation Officer, Durgawati, Rohtas, in Objection Case No.200 of 1983-84/409 of 1983-84 as well as order dated 01.07.1985 passed by the Deputy Director, Consolidation, Rohtas, in Appeal No. 1151 of 1984-85 on the ground that Consolidation Officer, Durgawati, Rohtas, as well as Deputy Director, Consolidation, Rohtas had no jurisdiction to entertain the petition filed by the petitioners under Section 10(B) of the Bihar Consolidation of Holdings and Prevention of Frag mention Act and the orders of both the above stated courts below were without jurisdiction.

(3.) The brief fact, which lies to file this writ petition, is that the petitioners filed a petition under section 10(B) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act before the Consolidation Officer, Durgawati, Rohtas, in the year 1983 for recording their names on the disputed plot. The aforesaid petition was allowed by the Consolidation Officer, Durgawati, Rohtas, vide order dated 24.12.1983 passed in Objection Case No. 200 of 1983-84/409 of 1983-84, which was challenged by the private respondents before the Deputy Director Consolidation, Rohtas, in Appeal No. 1151 of 1984-85 but they could not succeed in the appeal and the order dated 24.12.1983 passed by the Consolidation officer, Durgawati, Rohtas, was confirmed by the Deputy Director Consolidation, Rohtas, in the aforesaid Appeal vide order dated 01.07.1985, which was challenged by the private respondents in Consolidation Revision Case No. 2073 of 1985 and the learned Director of Consolidation Bihar, Patna, passing the impugned order dated 11.01.1988 allowed the above stated Consolidation Revision Case No. 2073 of 1985 against which the present writ petition has been filed by the petitioners.