NAND KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALT these cases relates to consolidation proceedings initiated in two village, 'Dighi Kalan' and 'Dighi Khurd' within Hajipur Sadar P.S. in the district of Vaishali. In C.W.J.C. No. 995/87, this Court while admitting the writ petition on 3 -4 -87 stayed the operation of consolidation proceeding in the area in question. In view of the aforesaid interim order, certain orders were passed in different consolidation cases which were already pending before the authorities, giving rise to the filing of the other writ petitions. For the said reason all cases were heard together and are being disposed of by this common judgment.

(2.) THE petitioners, who are resident of village Dighi Kalan and Dighi Khurd within the district of Vaishali challenged the order dated 3 -3 -87 passed by Joint Director of Consolidation (Muzaffarpur) Patna in Revision case No. 3137/86 whereby and where under the stay earlier granted relating to operation of consolidation proceeding with respect to village 'Dighi Kalan' (Thana No. 105) and 'Dighi Khurd' (Thana No. 156) was vacated. Further prayer has been made to direct the respondents to exclude the aforesaid two village from the operation of consolidation proceeding till the pendency of the aforesaid revision -application.

(3.) THE case of the petitioners is that with respect to the village in question, operation of consolidation proceeding started when notification under Section 3 of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956(hereinafter referred to as the Act) was issued on 26 -11 -70, whereinafter one of the petitioners filed information petition on 6 -8 -83 (or knowing the position. The consolidation officer, Hajipur informed that the register of land was prepared and published between 1 -10 -73 and 1 -11 -73 but subsequently, by letter No. 1746 dated 13/24 -6 -81 the Director of Consolidation stayed the consolidation operation for one year which was extended for six months by another memo No. 2638 dated 10 -12 -82. The village aforesaid, namely, Dighi Kalan and Dighi Khurd had already been urbanised with urban look containing various projects and officer. The villages were notified for Urban Development Scheme by State Government Notification dated 9 -1 -78 (Annexure -2) extending the limits of P.R.D.A. and the two village in question along with others were brought under its purview.