Radha Mohan Prasad, J.

1. This writ petition is directed against the order dated 3-1-97, contained in Annexure-3, passed by the Joint Director, consolidation, Bihar, Patna (respondent No.1) purporting to be in exercise of the power under Sec.35 of the bihar Consolidation of Holdings and prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act ).

2. It is submitted by learned Counsel for the petitioners that a revision application was filed by the respondents concerned directly under Sec.35 of the Act without availing the remedy by way of appeal. However, even the said revision was filed after the village was confirmed in terms of the provisions -contained in Sec.13 of the Act and delivery of possession was also effected in terms of Sec.15 of the Act. Thus, according to him, the Joint Director, consolidation (respondent No.1) was not justified in exercising the power under Sec.35 of the Act, inasmuch as the effect of the order passed by him will lead to disturbing the entire Chaks determined by the Consolidation authorities.

3. None has appeared on behalf of the respondents concerned to oppose this writ petition.

4. While admitting the writ petition on 23-4-