The Court dismissed the writ petition challenging orders of the Consolidation Officer and Revision Court regarding civil court proceedings and possession in a land consolidation matter, finding no patent illegality.
Relief was denied to the petitioners as the lower court orders suffered from no patent illegality.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8623 of 1997
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Both resident of village and P.O. Baksama, P.S. Goroul, Dist. Vaishali.
.... .... Petitioners
Versus
Both resident of village and P.O. Bakshama, Police Station Goraul, Dist. Vaishali.
.... .... Respondents
=================================================== Appearance :
For the Petitioners : Mr. Nirmal Kumar Sinha-3, Advocate . For the Respondents : Mr. (GP2)
Mr. Nalin Kumar
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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 23-04-2015
The writ application is directed against the order dated 07.04.1997 passed by respondent-Director of Consolidation, Bihar Patna in Revision case no. 1975/1988. The revisional Court, while upholding the order dated 17.5.1988 passed by the Assistant Director of Consolidation, Vaishali at Hazipur in appeal no. 18/1986-87 held as under:-
Patna High Court CWJC No.8623 of 1997 dt.23-04-2015
2/2
fofHkUu U;k;ky;ks a es a okn nkf[ky fd;k tkrk jgk gS tks ekeyk mlh U;k;ky; es a ns[kus ;ksX; izrhr gksrk gS dkj.k fd mlh U;k;ky; dk lhy fnuk a d 13-2-19 dks :i;k okilh ds le; yxk gqvk gS tks fookn dk eq[; fcUnq gS vr% l a c a f/kr xzke dh pdc a nh vf/kfu;e dh /kkjk 26¼d½ ds vf/klwpuk ds i”pkr oknh l{ke U;k;ky; ¼O;ogkj U;k;ky;½ es a fnuk a d 13-2-19 ds l a c a /k es a okn nk;j dj ldrs gS a A
vkns”k dh izfrfyfi l a c a f/kr U;k;ky;ks a dks vko”;d dkjZokbZ gsrq Hkst nh tk;A”
The Consolidation Officer on the application filed by
the writ petitioners under Section 10(4) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 also noticed the judgment passed between the parties by the Civil Court and finding the continued possession of the respondents the objection of the writ petitioners was rejected. In exercise of writ jurisdiction of this Court, no relief can be granted to the petitioners as the order passed by the Courts below do not suffer from any patent illegality. The writ application fails.
Dismissed.
(Kishore Kumar Mandal, J)
Shyam/-
U
2 issues framed by the court
Whether the writ petitioners are entitled to relief against the orders passed by the Consolidation Officer and the Revision Court.
Whether the orders passed by the Courts below suffer from patent illegality.
1 provisions across 1 enactments
Birendra Narayan Singh sons of late Hridya Narayan Singh
Shailendra Narayan Singh son of late Hridya Narayan Singh
The State of Bihar
The Director of consolidation, Patna, Bihar
Assistant Director of Consolidation, Vaishali at Hazipur
Consolidation Officer, Goraul, P.S. & Anchal Goraul, Dist. Vaishali
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
