The main legal point established in the judgment is the significance of Sec.10-A of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 in barring objections raised at a subsequent stage of the consolidation proceeding.

J.N.Bhatt, J.

1. By this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have questioned the legality and validity of the order dated 2.6.1987 recorded by respondent No. 2, Joint Director, Consolidation (M), Bihar, Patna, in Revision Case No. 382 of 1985 confirming the orders dated 28.1.1985 in Consolidation Appeal No. 83 of 1983-84, and 13.1.1984 in Case No. 31 of 1983-84, recorded by respondent No. 3, Deputy Director of Consolidation, Bhojpur, Ara and respondent No. 4, Consolidation Officer, Bhojpur, respectively, copies whereof are placed on record, which are examined by the Court.

2. Learned Counsels appearing for the parties have offered their submissions during course of final hearing. This Court has also, threadbare considered factual aspect of the material facts, as well as, the relevant proposition of law. It has been, vehemently, urged by the learnedC ounsel for the petitioners that the impugned order of the three revenue authorities are not sustainable as they are bad in law and without considering, seriously, the provisions of Sec.10-A of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956) (For short the "Act of 1956"), contending that the original revisional authority, Assistant Consolidation Officer, has passed an ex parte order without application of mind which contention is countenanced by the learned Counsel for the respondents.

3. With a view to appreciate the merits of the case, let there be projection of material facts at this juncture. The petitioners case has been that he is occupancy raiyat of village Bairi, Thana No. 273 Police Station Itarhi, District Bhojpur. The dispute in question relates to revisional survey Khata No. 76 R.S.P. No. 983, having an area of 1.28 decimals, appertaining to village Bairi, Thana No. 273. The revisional survey Khata No. 76 plot No. 983 area 1.28 is recorded in the name of late Bujhawan Tiwary and Gopal Tiwary, both sons of late Ram Lakhan Tiwary, the father of the petitioners. The disputed land is the ancestral land of the petitioners and is under their share and possession.

4. Learned Counsel for the petitioners has pressed into service the provisions of Sec.10-A of the Act of 1956, as well as, passing of the order by the first revenue authority, respondent No. 4 without application of mind and ex parte.

5. It would be appropriate at this juncture to examine and evaluate the statutory design and scheme of the Act of 1956. It is an Act to provide for the consolidation of holdings and prevention of fragmentation as a part of agrarian reforms in the State of Bihar. It is amply clear from the preamble of the Act that the Act of 1956 is devised for consolidation of holdings, as well as, prevention of fragmentation in the State of Bihar, which is injurious, and leading to consolidation of properties, as well as, prevention of fragmentation in respect of the agricultural land as a part of agrarian reforms in the State of Bihar.

6. The Act of 1956 is divided into four chapters. In Chapter II, elaborate provisions have been made relating to consolidation of holdings. In Chapter III, provisions are incorporated as to how to treat the fragmentation and miscellaneous provisions are provided in the last Chapter. The Bihar Consolidation of Holdings Rules, 1958 have been framed under the Act of 1956. The entire scheme, while read as a whole, undoubtedly, provides as to how to effect the underlying design of the Act.

7. In the case on hand, it would be material to refer to Section 8 of the Act of 1956 which provides for preparation of up-to-date record of rights before consolidation whereas Section 9 provides for preparation of register of lands. Section 9A provides for preparation of statement of principles and Sec.10 of the Act of 1956 provides for publication of registers of lands and statement of principles and objections thereon. It provides that register prepared under Sub-section (2)