Allowed

Ambika Singh v. Joint Director of Consolidatio

Patna HC23 Apr 2015CWJC/6968/1996

Case brief

AI extract

What is this about?

The Patna High Court allowed a writ application by Ambika Singh challenging an order by the Joint Director of Consolidation. Finding that the petitioner had made out a case for interference based on a dispute over service of notice and filing of documents, the Court set aside the impugned order and remitted the Revision Case No. 2714 of 1989 for fresh consideration.

What did the court decide?

The writ application is allowed; the impugned order dated 28.8.1995 is set aside and the matter is remitted for fresh consideration on merit after issuance of notice.

Ambika Singh Vs Joint Director of Consolidatio — Civil Procedure and Limitation | Patna HC (2015)

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Patna High Court CWJC No.6968 of 1996 (5) dt.23-04-2015

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.6968 of 1996

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	============================= Ambika Singh Versu Joint Director of Consolidation, Muzaff =============================	========= s arpur & Ors =========	================ .... .... Petitioner .... .... Respondent/s ================
	Appearance : For the Petitioner/s : Mr. Naresh Mr. Laxmi For the Respondent/s : Kumari A Mr. Mirtun AC to G.P. =============================	Chandra Ve Kant Tiwary mrita, G.P. 10 jay Kumar, 10 =========	rma, Advocate , Advocate ================
	CORAM: HONOURABLE MR. PRATAP SINGH ORAL ORDER	JUSTICE	SAMARENDRA
5	23-04-2015 Inspite of valid service behalf of respondent No.3. The petitioner submits th	of notice, at an order	no one appears on under Section 10 of
	the Bihar Consolidation of	Holding	and Prevention of
	Fragmentation Act, 1956 w	as passed	by the Assistant
	Consolidation Officer without	notice to	him. The petitioner
	thereafter filed a revision befo	re the Dir	ector, Consolidation
	being Consolidation Revision	Case No.	2714 of 1989. The
	learned Revisional Court fixed	22.8.1995	for filing documents
	which the petitioner asserts to	have done	. A copy of list of
	documents filed on 22.8.1995 is	annexed as	Annexure-2.

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The grievance of the petitioner is that the Joint Director of Consolidation wrongly came to the conclusion that no

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Patna High Court CWJC No.6968 of 1996 (5) dt.23-04-2015

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document was filed by the petitioner.

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In view of specific assertion in this petition and also in view of Annexure-2, I find that the petitioner has made out a case for interference by this Court.

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In the result, this writ application is allowed and the impugned order, dated 28.8.1995 passed by the Joint Director of Consolidation, Muzaffarpur in Revision Case No.2714 of 1989 is set aside and the matter is remitted for fresh consideration on merit after issuance of notice to all the parties.

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(Samarendra Pratap Singh, J)

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KHAN/-

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Ambika Singh v. Joint Director of Consolidatio

Case brief

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Ambika Singh v. Joint Director of Consolidatio

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