B.P. Singh, J.

In this writ petition the petitioners have impugned the order of the revisional authority, respondent No. 2, whereby it has affirmed the order of the appellate authority respondent No.3, which in turn affirmed the order passed by the Consolidation Officer allowing the objection raised by the private respondents in relation to R.S. plot No. 630 measuring one decimal. The impugned order of the revisional authority is Annexure 11 while those of the appellate authority and the Consolidation Officer are Annexure 9 and 8 respectively.

2. The facts of the case are as follows. According to the petitioners, Cadastral, Survey plot No. 309 was recorded in the name of Bhikhan Kandu in the year 1908, 1911 and it was shown that he had his house over the said plot. Bhikhan Kandu died issueless Thereafter the petitioners came in possession of the said plot measuring six decimals. According to the petitioners a well was constructed by their ancestors over the foresaid plot No. 309 and the plot was used for residential purposes. In the year 1936, a suit was filed by the then landlord for arrears of rent and to take back possession of the said plot of land which was Gairmajarua land. In the year 1937, the suit was compromised and the petitioners were given the land and were made responsible for payment of rent. One of the uncles of the petitioners who was a party in the said suit executed a sale deed in favour of some of the respondents. This become subject matter of dispute between the parties because out of four decimals of land sold by the said uncle of the petitioners, two decimals related to C.S. plot No. 309 on which the house of the petitioners was located and two decimals related to C.S. plot No. 311, the ancestral house. Ultimately a panchyat was convened and the said purchasers reconvened the lands to the petitioners by registered sale deed Annexure-5 According to the petitioners, C.S. plot No. 306 was renumbered after revisional survey over which the petitioners do not claim any right or title. So far as S. Plot No. 309 measuring 6 decimals is concerned, it was bifurcated into two plots namely R.S. plot No. 630 measuring one decimal and R.S. plot No. 629 measuring 6 decimals. In the consolidation proceeding, R.S. plot No. 630 measuring one decimal was shown to be in illegal possession of the petitioners with their house standing on it. On the basis of the said entries in the revenue record, the register of lands etc. were published on 21.11.1973 under Section 10(1) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act,). It is the case of the petitioners that objection, if any, could be filed within 30 days of the publication made under Section 10(1) of the Act, but the respondents did not raise any such objection. The bar under Section 10 A of the Act, therefore, operated and the respondents could not be permitted to raise any objection at a later stage. According to the petitioners, the respondents purported to file a suit for years later in the years later in the yeas 1977 which also stated in the year 1977 itself in view of consolidation proceeding Treating that as giving them a cause of section, the respondents filed their objection which has been allowed by the Consolidation Officer and affirmed by the appellate as well as by the revisional authority. It is the submissions of the petitioners that such an objection filed in the year 1983 was clearly barred under section 10A of the Act and section 10B of the Act did not apply having regard to the facts of the case.

3. So far as the private respondents are concerned there is some dispute as to the manner in which the C.S. Plot No. 306 and 309 were divided after revisional survey, but it is not in dispute that R.S. plot No. 630 measuring one decimal was recorded in the illegal possession of the petitioners showing that their house stood on the said plot-since the dispute is confined to this plot alon