Jyoti Saran, J.

1. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna arises out of the judgment and order dated 23.2.2001 passed in C.W.J.C. No.1610 of 2000 (Ram Bahadur Choudhary vs. The State of Bihar and Others), by a learned Single Judge of this Court, whereby the writ application has been dismissed.

2. Facts involved in the present matter are rather brief. Issue relates to land measuring 3 acres and 9 decimals situated in Mauza-Khuramabad, P.S.-Chenari, Thana No. 18, District-Rohtas, Old Khata No. 107, Old Khesra No. 1600 (New Khata No. 559. New Khesra No. 2843). The appellant-writ petitioner claims to be the nephew of one Shiv Chandra Mallah alias Shiv Chandra Choudhary. It is contended that the land in question which is a gairmajarua malik land was settled by the ex-landlord in favour of his uncle in the year 1941 by a Hukumnama. The said settlement was followed by deposit of rents and issuance of rent receipts and filing of returns.

3. It is stated that jamabandi was created after vesting of the Estate by reason of the Bihar Land Reforms Act, 1950 and the rules. The ex-landlord submitted his return in favour of the uncle of the appellant and on the basis of which, the name of his uncle was entered in Register-ll and he used to make payment of the rents and the receipts were issued in his favour. It was stated that the family was in the state of jointness. An encroachment proceeding was also initiated, which was decided in favour of the uncle of the appellant.

4. During the course of revisional survey, the land was incorrectly recorded in the name of the State of Bihar. However, as the consolidation proceedings in the State had commenced in the area, hence, the entire matter came under the scrutiny of the statutory authorities under the Bihar Consolidation of the Holdings and Prevention of Fragmentation Act, 1956, hereinafter referred to as the Consolidation Act) and the Rules framed thereunder.

5. It is contended that objection was filed by the appellant under Section 10-B of the Consolidation Act for rectification of the error and correction of the names in the survey records of rights giving rise to Consolidation Case No. 747/1982-83, but the same was rejected vide order dated 6.10.1983. An appeal was filed on behalf of the appellant bearing Appeal No, 745/1983-84 and the learned Assistant Director, Consolidation, in exercise of his appellate powers upon considering all the materials available on record and after hearing the parties, was pleased to hold that the land in question had incorrectly been recorded in the name of the State of Bihar and that it should have been recorded in the name of the appellant. Though objection was raised on behalf of the State that the said petition itself was hopelessly time barred before the Consolidation Officer but the learned appellate authority, taking into consideration that the appellant had filed an application for condonation of delay, was pleased to overrule the objection. The appellate authority categorically held the appellant to be in possession of the land in question having acquired valid right and title over the said land. The appeal was allowed and the impugned order of the Consolidation Officer, Chenari was set aside vide order passed on 13.8.1985 (Annexure-1 to the writ petition).

6. The Circle Officer, Chenari. aggrieved by the order passed on 13.8.1985 (Annexure-1 to the writ petition) preferred a revision bearing Revision Case No. 3/47/ 86 under the provisions of Section 35 of the Consolidation Act, which was dismissed by order dated 31.12.1987 on grounds of non-prosecution (Annexure-2 to the writ petition).

7. It is contended that despite: (a) creation of jamabandi and entry in Register-ll, (b) issuance of rent receipts earlier, and (c) crystallization of the issue vide orders passed by competent authorities under the provisions of the Consolidation Act, the Circle Officer, Chenari, was refusing to accept the ren