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2023 DIGILAW 919 (PAT)

Praveen Kumar Mishra v. State of Bihar

2023-08-18

ANSHUMAN

body2023
Dr. Anshuman, J. – Learned counsel for the State seeks permission to file hard copy of the counter affidavit in the Court, which is accepted and kept on record. 2. Learned counsel for the petitioner and learned counsel for the State are present. 3. Vide order dated 26.06.2023 it has been ordered to the counsel for the State to file a counter affidavit at the level of the Principal Secretary, Revenue and Land Reforms to ascertain that who is the responsible Officer for Tarmim/Implementation of the direction passed by the final authority in revision case relating to consolidation matter. 4. The Principal Secretary, Revenue and Land Reforms has executed affidavit. In paragraph-8 of the counter affidavit, the answer of Principal Secretary, Revenue and Land Reforms is as follows: – “ That to answer the specific question raised by the Hon’ble Court pertaining to the powers of Tarmim/Implementation, it is humbly submitted and stated that the concerned Circle Officer of the area is vested with the power of the Consolidation Officer, who in turn shall carry out implementation of any order passed by the revisional authority which has attained finality under the Bihar Consolidation of Holdings and Prevention of Fragmentation act, 1956. The said arrangement flows out of the above mentioned Notification No. 46 dated 09.01.1999.” 5. In view of the specific answer at the level of Principal Secretary of the Revenue and Land Reforms, it is the Consolidation Officer-cum-Circle Officer of the area is responsible to implement/Tarmim the decision, which has attained finality under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. 6. In this background, the present writ petition is disposed off directing the respondent no. 7 to implement the order passed by the authority on being satisfied that it acquires finality.