This writ petition questioned the responsibility for implementing a final consolidation order. The state filed an affidavit stating the Circle Officer has the power to implement. The court accepted the contentions and disposed of the writ.
Directed respondent No. 7 to implement the order passed by the authority being satisfied that it acquires finality.
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.902 of 2023
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Praveen Kumar Mishra Son of Late Bansidhar Mishra, Resident of Ward No. 5, Amas, Police Station- Amas, District- Gaya.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Prasad Singh, Advocate Ms. Sripriya Singh, Advocate For the Respondent/s : Mr. Sajid Salim Khan, SC-25 Mr. Arif Daula Siddique, AC to SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 18-08-2023
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.
Patna High Court CWJC No.902 of 2023 dt.18-08-2023 2/3
Tarmim /Implementation of the direction passed by the final authority in revision case relating to consolidation matter.
“ 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.”
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
Patna High Court CWJC No.902 of 2023 dt.18-08-2023 3/3
attained finality under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.
disposed off directing the respondent no. 7 to implement the order passed by the authority on being satisfied that it acquires finality.
ravishankar/-
| AFR/NAFR | AFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 22.08.2023 |
| Transmission Date | N.A. |
2 issues framed by the court
Whether the Circle Officer is responsible to implement a consolidation order that has attained finality.
Whether the Contention in the writ petition was settled by the affidavit filed by the Principal Secretary, Revenue and Land Reforms.
2 provisions across 2 enactments
Praveen Kumar Mishra
The State of Bihar
The District Magistrate-cum-Collector, Gaya
The Director Consolidation, Bihar, Patna
The Joint Director, Consolidation, Magadh Division, Gaya
The Deputy Director Consolidation, Gaya
Dr. Anshuman Oral
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
