BIKRAM PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and counsel for the private respondent No.3.

(2.) Appeal has been preferred under Letters Patent by the appellants against the order dated 29.01.2016 passed by the learned single Judge in C.W.J.C. No. 6092 of 2009 since the learned single Judge refused to interfere with the impugned order, which was order dated 13.02009 passed in Consolidation Revision Case No.179 of 2007 by the Director of Consolidation, Bihar. The impugned order was Annexure-5 to the writ application.

(3.) The reason for these appellants to get aggrieved, who were also petitioners before the learned single Judge, was that the application, filed by the respondent No.3 in the present appeal, before the Director, Consolidation under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, was entertained against allotment of a Chak, which had attained finality way back in the year 1986. After the allotment of the Chak, the parties came into the possession and had been in peaceful possession of the land in question for 21 years.