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2006 DIGILAW 8 (PAT)

Udai Narayan Rai v. State Of Bihar

2006-01-03

NARAYAN ROY

body2006
Judgment Narayan Roy, J. 1. Heard Mr. Ram Shankar Pradhan, learned counsel for the petitioner. However, no one appears on behalf of the respondents. 2. This application arises out of the orders passed by the respondent authorities under the provisions of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as "Act"). 3. it is submitted by learned counsel for the petitioners that earlier Title Suit No, 54 of 1959, which was filed, was dismissed, against which Title Appeal No. 58 of 1962 was filed, which was allowed and the suit was restored to its file for rehearing, which ultimately abated on a petition filed by the respondents 1st set under section 4(c) of the Act. 4. The suit, which had abated during the pendency of the consolidation proceeding, now would automatically revive in view of the Special Bench decision of this Court in case of Ram Krit Singh and Ors. vs. The State of Bihar and Ors. ( 1979 BBCJ 259 ). 5. The parties will appear before the suit court and the suit would be disposed of in accordance with law. 6. With the direction/observation aforesaid, this application is disposed of.