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1996 Supreme(Pat) 572

R.M.PRASAD
Bhubneshwar Rai – Appellant
Versus
State Of Bihar – Respondent


Judgment

Radha Mohan Prasad, J.

1. In this writ application the prayer of the petitioners is to quash the order of the director of Consolidation, Bihar, Patna (Respondent No.2) dated 30-10-1984 in revision case No.966 of 1978 setting aside the order dated 30-8-78, passed by the Deputy Director, Consolidation (Respondent No.3) in Consolidation appeal No.61/77-78 and thereby affirming the order dated 14-11-77 passed by the Consolidation Officer, udwantnagar in the District of Bhojpur (Respondent No 4) in Consolidation case No.276/1945-76-77 purporting to be under Sec.12-A (2) of the Bihar consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act ).

2. In short, the case of the petitioners is that they and respondent no.5 are stated to be members of the joint Hindu family. Respondent No.5 was Karta of the family consisting of petitioners also till 1968, when the lands of the family were divided for the purpose of agriculture. On 9-5-51 one surya Bansh Singh, a pattidar of the petitioners and respondent No.5 executed a registered deed of gift with respect to 5.31 acre of land comprising of several plots of old Khata No.191. It is stated that











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