In a writ petition regarding correction of land survey entries pending consolidation, the High Court held that closure of consolidation proceedings lifts the bar under Section 4(c), enabling the petitioner to seek final settlement via the Civil Court.
Application disposed; petitioner advised to approach Civil Court for final settlement.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 4294 of 1994
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Allaudin Ahmad, son of late Gulam Ahmed, resident of Village – Chehra Kala, PO – Baksama Jia Mahua, PS & Anchal – Garaul, District - Vaishali
.... .... Petitioner/s
Versus
1 The State of Bihar
.... .... Respondent/s
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CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH
ORAL JUDGMENT
Date: 01-04-2015
Heard learned counsel for the petitioner, State and private respondents.
2 It appears that both the parties are agnates. There was some ancestral land. Petitioner claims that there were certain wrong entries in the revisional survey and he had made an application for correction thereon in the survey proceedings itself. While that matter was pending, the area was notified for consolidation and, accordingly, those proceedings abated. He then filed an application before the Consolidation Officer for necessary correction which was partly allowed. He, thereafter, preferred an appeal but by the time the appeal was taken up, the consolidation proceedings ended and the area was denotified. Accordingly, the appeal proceedings were dropped. The
Patna High Court CWJC No.4294 of 1994 dt.01-04-2015
2
petitioner is aggrieved by the said order.
3 Having heard the parties, in my view, once the consolidation proceedings have ended, the bar, as contemplated under Section 4 (c) is lifted and, accordingly, it would be open to the petitioner to get the matter finally settled through Civil Court of competent jurisdiction where all the issues with regard to correction of the revisional survey entry or other such question can be gone into and decided. The petitioner would be well advised to avail of the said forum.
4 With these observations, this application stands disposed of.
(Navaniti Prasad Singh, J)
M.E.H. /-
U
2 issues framed by the court
Whether closure of consolidation proceedings removes the statutory bar under Section 4(c) to seek correction of revisional survey entries.
Whether the petitioner should approach the Civil Court of competent jurisdiction for final settlement after consolidation ends.
1 provisions across 1 enactments
Allaudin Ahmad
State of Bihar
Joint Director, Consolidation
Deputy Director, Consolidation
Consolidation Officer, Anchal – Goraul
Md Zakir
Navaniti Prasad Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
