JOKHU PANDEY Vs. STATE OF BIHARLABIC

JUDGEMENT

(1.) The writ petitioners are aggrieved by the order dated 26.11.1987 passed by the Deputy Director, Consolidation (Headquarters), Patna in purported exercise of revisional powers vested in him under section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as "the Act") in Revision Case No. 2550/1985 (Baldeo Dusadh v. Jokhu Pandey & ors.), whereby the revision has been allowed and the order of the Deputy Director, Consolidation, Rohtas in Appeal Case No. 1217/1983-84 has been set aside. A copy of the order is impugned at Annexure 3 to the writ petition.

(2.) This writ petition was admitted for hearing on 18.7.1988 and has been taken up for final hearing and disposal when the parties have been heard at length.

(3.) The dispute relates to a plot bearing C.S.Khata No. 20, Plot No. 168, admeasuring 1.50 acres situated in village Gosaisipur, P.S. Durgawati, in the district of Rohtas. Several plots were carved out from the said plot after the revisional survey bearing R.S.Khata No. 9, Plot No. 287, admeasuring 52 decimals, Plot No. 288, admeasuring 56 decimals and Plot No. 289, admeasuring 42 decimals, in all totaling 1.50 acres.