HARI NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application is directed against the order dated 25.11.1985 contained in Annaxure-4 passed by the Deputy Director of Consolidation, Bihar. Headquarters at Patna purporting to be in exercise of the power under Section 35 of the Bihar Consolidation of Holdings and the Prevention of Fragmentation Act, 1956 (hereinafter preferred to as 'the Act'), setting aside the order dated 13.8.1984 passed in Appeal No. 74/84-85 by the Dy. Director, Consolidation. Rohtas and confirming the order dated 3.3.1984 in case No. 38/83-84 passed by the Consolidation Officer Dehri purporting to be under Section 10-Bof the Act, contained in Annexures 2 and 1, respectively.

(2.) In short, the relevant facts are that the petitioners and respondent Nos. 5 to 7 are descendants of their common ancestor Pratap Singh. The dispute is in respect of lands pertaining to revisional survey khata No. 209 and revisional survey plot Nos. 173 and 2010 comprising an area of 25 and 56 decimals, respectively, total being 0.81 acres in village Ghanai P.S. Dehri now Akorhi Gola P.S. 138 in the district of Rohtas. It is claimed that the land in dispute was jointly recorded in the names of the descendants of Pratap Singh including the petitioners and the aforementioned private respondents in the revisional survey khatian and in its remark column also joint possession was shown. Revisional survey plot No. 173 is a mango garden and is in joint possession of the parties and revisional survey plot No. 2010 is agriculture land, jointly cultivated by the panics. It is stated that revisional survey entry in the joint name of the parties was never challenged by the said respondents before the survey authorities either under Section 103-A, 106 or 109 of the Bihar Tenancy Act or in a competent Civil Court within three years from the date of final publication of the revisional survey entry.

(3.) In the supplementary affidavit, filed on behalf of the petitioners it is stated that the concerned village was notified under Section 3 of the Act vide S.C. No. 1076, dated 12.10.1972. The register of land prepared under Sub-section (2) of Section 9 and statement of principles prepared under Section 9 of the Act was published under Section 10 (1) on 12.10.1974 and the same remained published for thirty days, i.e. till 12.11.1974. Under Section 10 (2) of the Act the objections, if any, were to be filed within 45 days of the date of the publication of the registers under Sub-section (1) before the Asst. Consolidation Officer disputing the correctness and nature of entries in the records or in the statement of principles, i. e. by 26.11.1974, which was not done. However, in the year 1983 respondent Nos. 5 to 7 filed case No. 38/83-84 before the Consolidation Officer, Dehri, District Rohtas (respondent No. 4), purporting to be under Section 10-B of the Act praying therein to prepare Consolidation in their exclusive names.