LEELA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against an order dated 15-1-1982 passed by Sri K. D. Sinha, Director of Consolidation, Patna (respondent 2) whereby and whereunder he refused to exercise his revisional jurisdiction under S.36 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter called the Act) on the ground that the village was de-notified under S.26-A thereof.

(2.) In view of the question of law that arises for consideration in this case, it is not necessary to state the facts of the case at all.

(3.) From a perusal of the impugned order as contained in Annexure-6 to the writ petition, it appears that a revision application was filed by the petitioners as against the respondent 5 some time in the year, 1979. The petitioners have annexed a copy of the notification which was published in terms of S.26A of the Act in the gazette on Ist Dec., 1980. The said notification is contained in Annexure 'A' to the counter-affidavit. In view of the fact that the aforementioned notification was issued on 1-12-1980, there cannot be any doubt that the aforementioned proceeding was pending on the day when the said notification came into force.