NIRMALA DEVI Vs. JOINT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) An order dated 22.09.1983, passed by the Joint Director of Consolidation in Case No. 461 of 1979 under Section 35 of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act) is under challenge in the present writ application.

(2.) I have heard learned counsel for the parties.

(3.) This is to be noted that this writ application was earlier allowed by a judgment and order of this Court dated 23.08.1994. Against the said judgment and order dated 23.08.1994, a Letters Patent Appeal was preferred by respondent No. 4 giving rise to LPA No. 117 of 1994. A Division Bench of this Court allowed the appeal and remanded the matter back for the Single Bench for decision in the matter afresh on merits. Relevant part of the order dated 06.08.1996, passed in LPA No. 117 of 1994 reads as under :