RAM SAKAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners, by filing this writ application, seek quashing of order dated 23.8.1994 passed by the Joint Director (Headquarters), Bihar, Patna, in purported exercise of powers under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (herein after to be referred to as "the Act"), as contained in Annexure -7, which has been communicated to the Deputy Director, Consolidation, Rohtas as well as Sasaram by memo no. 144 dated 13.2.2007 (Annexure -8), whereby he has set aside the whole confirmed consolidation scheme with respect to village (Mouza) Pathera (Tilouthu), Sasaram on the ground of major irregularities having been committed by the authorities in Chak formation.

(2.) THE petitioners further seek a direction commanding the respondents to publish the notification under Section 26A of the Act. Bereft of unnecessary details, short facts of this case are portrayed as follows: - Pursuant to the publication of the notification under Section 3 of the Act, Village Advisory Committee was constituted on 29.3.1972 with respect to the aforesaid village and draft statements were prepared and made under Sections 9 and 10 of the Act and all the objections filed were disposed of in accordance with law. The chak scheme was prepared and published under Section 12 of the Act on 27.6.1977. All the objections were duly considered and appeals, preferred thereof under the Act, were also finally heard and disposed of. Finally, the chak scheme was confirmed with the approval of the Deputy Director. of Consolidation on 31.12.1980, which would be manifest from the order dated 31.12.1980 passed by the Deputy Director of Consolidation, as contained in Annexure -1. The case of the petitioners is that thereafter chak khatians were distributed on 8.6.1981 and all raiyats, according to the petitioners, were delivered possession of the respective chaks in the year 1981 itself, which would be evident from the letter no. 34 dated 13.10.2006 of the Chakbandi Padadhikari, Rohtas, addressed to the Deputy Director, Consolidation, Rohtas, Sasaram, brought on record as Annexure -3. However, 13 years thereafter, some persons including respondent nos. 8 and 9 filed Revision Case No. 307/ 94 under Section 35 of the Act and the Joint Director, Consolidation (Headquarters), Bihar, Patna, respondent no. 3, on the basis of further meeting of the Village Advisory Committee and the raiyals of the village and also upon the report of the Chakbandi Padadhikari as well as the petition of the villagers, came to the conclusion that confirmed consolidation scheme suffered from major irregularities and thus, had set aside the confirmed consolidation scheme and gave a direction for fresh commencement of the proceeding from the stage of Section 7 of the Act. However, the aforesaid order dated 23.8.1994, as contained in Annexure -7. could be communicated to the concerned Consolidation Officer and the Deputy Director, Consolidation, on 13.2.2007 only during the pendency of this writ application. The aforesaid communication has been brought on record by the petitioners by appending the same as Annexure -8 to the supplementary affidavit.

(3.) THIS writ application is being disposed of at this stage with the consent of the parties.