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2008 DIGILAW 1380 (PAT)

Ashok Kumar Singh v. Director Of Consolidation, Bihar, Patna

2008-09-09

V.N.SINHA

body2008
Judgment 1. Heard learned counsel for the petitioners, the State as also the counsel for Private Respondent Nos. 6 to 11. None appears for contesting Respondent No. 5. 2. Petitioners are aggrieved by the order dated 27.3.2001 passed by Sri Jagannath Sharma, Deputy Director, Consolidation, Purnea-cum-Joint Director, Consolidation, Muzaffarpur in Revision Case No. 79 of 1998, Annexure-4. 3. It is submitted on behalf of the petitioners that Sri Jagannath Sharma (Deputy Director, Consolidation, Purnea- cum-Joint Director, Consolidation, Muzaffarpur) was never vested with the powers of Director, Consolidation under Section 35 of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 (hereinafter referred to as "the Act") and disposal of Revision Case No. 79 of 1998 by him under orders dated 27.3.2001 is absolutely without jurisdiction. In this connection it is further submitted that under the aforesaid order dated 27.3.2001 Sri Jagannath Sharma had also disposed of Revision Case No. 80 of 1998 against which petitioners herein filed C.W.J.C. No. 9546 of 2001 in which aforesaid order dated 27.3.2001 passed in Revision Case No. 80 of 1998 was set aside under orders dated 6.4.2004. 4. For the reasons indicated in the order dated 6.4.2004 passed in C.W.J.C. No. 9546 of 2001 order dated 27.3.2001 passed by Sri Jagannath Sharma, Deputy Director, Consolidation, Purnea-cum-Joint Director, Consolidation, Muzaffarpur in Revision Case No. 79 of 1998, Annexure-4 is also set aside and the matter is remitted back to the Joint Director, Consolidation, Muzaffarpur to issue notice to the Opposite Parties and after hearing them dispose of Revision Case No. 79 of 1998 in accordance with law. 5. This writ application is, accordingly, disposed of.