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1994 Supreme(Pat) 253

B.L.YADAV, AFTAB ALAM
Jaishri Lohar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Achhaibat Singh.
For the State : Government Pleader No. 6.
For the Respondents: Mr. Arun Kumar Singh No. 1.

JUDGMENT

B.L. Yadav, J.

What must be the precise contours of the judicial discretion exercised by the Director of Consolidation in a restoration application filed in a revision dismissed in default, is the short but significant question involved in the present writ petition filed under Articles 226 and 227 of the Constitution of India. The petitioners have prayed that the impugned order dated 25.11.1992 (Annexure 3) passed by the Director of Consolidation, Bihar, Patna (respondent no. 4) in Revision Case No. 1417 of 1962 (Jaishri Lohar & others vs. Moulvi Lohar and others) filed under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (for short "the Act") as well as the order dated 25.8.82 passed by the Assistant Director of Consolidation (Annexure 2) in appeal and the order dated 25.8.1978 (Annexure 1) passed by Consolidation Officer be quashed by issuing a writ of certiorari.

2. The main controversy is about the revisional order dated 25.11.1992 (Annexure 3) rejecting the restoration application preferred by the petitioners. The petitioner has got a chequered history. The relationship between the petitioners and contesting respondent nos. 5


























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