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1985 Supreme(Pat) 141

B.P.SINHA
Shiv Kumar Thakur – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: M/s Vindya Keshari Kumar and Mithilesh Kumar Singh.
For respondents 5 & 6: M/s Shyam Sunder Sinha Shyam and Suresh Kumar Ishar.

JUDGMENT :

Birendra Prasad Sinha, J.- The petitioner has challenged the ORDER :s contained in Annexures-l and 2 passed by the Director of Consolidation in Revision Case No. 1060 of 1977 and the Deputy Director of Consolidation in Appeal Case No. 185 of 1976 respectively.

2. The main grievance of the petitioner relates to survey plot no. 238 in village Chaturi Pusas, Anchal Musahari in the district of Muzaffarpur. It appears that certain ORDER :s were passed by the Chakbandi Officer on 22.5.1976 under the Bihar Consolidation of Holdings and Prevention of Fragmention Act, 1956 (hereinafter referred to as the Act) in respect of plot nos. 239 and 240. Plot No. 238 was not the subject matter of decision in that case. In appear under section 10 (6) of the Act the Deputy Director of Consolidation decided that plot no. 238 belonged to one Mossomat Sukani on which she had a house and Bari. He directed that the name of Mossomat Sukani be entered in the relevant records. It may be stated here that Mossomat Sukani was not a party before the Consolidation Officer but she filed an appeal before the Deputy Director of Consolidation in which the above ORDER :was passed. The petitioner filed an appli








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