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2006 Supreme(Pat) 932

BARIN GHOSH, AJAY KUMAR TRIPATHI
Jagdish Mandal & Ors. – Appellant
Versus
State Of Bihar – Respondent


Judgment

Barin Ghosh and Ajay Kr.Tripathi JJ.

1. On 12th August, 1975 a notice was sent to the raiyat acknowledged in the register of land prepared under Section 9 of the Act. Five years thereafter the appellants filed an objection thereto. An application for condonation of delay in filing the said objection was also filed which was allowed and the delay was condoned. The Assistant Consolidation Officer thereupon considered the objection and allowed the same. An appeal preferred before the Assistant Director of consolidation was dismissed. The revision application filed before the Director of Consolidation also failed. Thereupon the aggrieved party filed a writ petition which was allowed principally on two grounds, namely when the statute did not permit the Assistant Consolidation Officer to condone the delay in preferring the objection, the Assistant Consolidation Officer having no authority to condone could not condone the delay in filing the objection/The next ground as was urged and accepted was that in view of Sec.10A of the Act, while the objection was not entertainable by the Assistant Consolidation Officer and the appeal was also not competent before the Assistant Director o






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