MURAHU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, the State and the respondents.

(2.) THIS writ petition has been filed for quashing the order of the Director, Consolidation (Annexure -3) whereby the revision petition filed on behalf of respondent nos. 5 to 9 was allowed.

(3.) IT appears, the Consolidation Officer, by his order dated 9.3.1977, directed that the names of Ramanand Singh, Nankhu Singh and Rajaram Singh be recorded with respect to the land in dispute. The said order was affirmed by the Deputy Director on appeal. As stated above, by the impugned order, both the orders have been set aside. It appears, challenging that very order, father of the writ petitioner Nankhu Singh had filed CWJC No. 1149 of 1987 which was dismissed by a Division Bench of this Court on 21.4.1987. Feeling aggrieved by the said Order Civil Appeal No. 7097 of 1987 was filed before the Supreme Court and the same was also dismissed on 23.11.1987. The present application has been filed on behalf of the son of the said Nankhu Singh. It is alleged that Shri K. P. Sinha, the Deputy Director, Consolidation, who has passed the impugned order, had no jurisdiction to exercise powers under section 35 of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act.. It is further alleged that neither the writ petitioner nor his father was made party in the revision application.