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2011 Supreme(Pat) 1216

NAVANITI PRASAD SINGH
Kaushal Kishore Mishra – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Pushkar Narain Sahi and Jitendra Kishore Verma.
For the State: M/s Rishi Raj Sinha, G.P. 19 and Rakesh Kumar.
For respondents 2nd set: M/s Naresh Chandra Verma and Arun Kumar Lal.

ORDER :

Private respondents-2nd set, who are contesting parties have appeared and filed a counter affidavit. The supplementary affidavit is already filed by the petitioners bringing on record the ORDER :dated 21.12.1974 passed by Deputy Director, Consolidation in terms of Section 13(1) read with section 13(4) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act. It is this ORDER :that was passed in the year 1974 that has now been interfered by the Joint Director, Consolidation, Muzaffarpur in purported exercise of his revisional jurisdiction under Section 35 of the Consolidation Act, which is not prescribed any period of limitation. The revision application was filed being Revision Case no. 5 of 2008 challenging the final ORDER :that was passed on 21.12.1974. Apart from various other issues raised, learned counsel for the petitioner submits that the exercise of revisional jurisdiction by the Joint Director, Consolidation after more than three decades is not warranted. He relied on the JUDGMENT : of Apex Court in the case of Mansaram –v- S.P. Pathak since reported in AIR 1983 SC 1239 and in particular para 12 thereof and in the case of State of W.B. & ors. –v- K













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