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2003 Supreme(Pat) 148

NAGENDRA RAI, R.S.GARG
Ram Sundar Chaudhary – Appellant
Versus
Ram Nath Chaudhary – Respondent


Judgment

1. This appeal is barred by limitation.

2. After hearing learned counsel for the parties and taking into consideration the averments made in the limitation petition, we are satisfied that sufficient ground has been made out to condone the delay. Accordingly, the delay in filing this appeal is condoned.

3. This appeal is directed against the order dated 2.2.2001 passed by the learned single Judge, whereby he has allowed the writ application filed by the writ petitioners respondents and set aside the order dated 22.6.1999 passed by the Deputy Director, Consolidation, Purnea in favour of the appellants, who were respondent nos. 4 and 5 in the writ application, in exercise of power under section 35 of the Bihar Consoildation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as the Act).

4. In view of the nature of order which we propose to pass, it is not necessary to go into the factual matters in detail.

5. During consolidation proceeding chak was prepared in the name of the writ petitioners respondents. The appellants did not challenge the said order before the appellate authority but filed revision under section 35 of the Act, which was allowed in the







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