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2015 Supreme(Pat) 366

CHAKRADHARI SHARAN SINGH
Hafizan Bibi – Appellant
Versus
Mouddin – Respondent


ORDER :

” A very short question is involved in the present writ application which has already been decided by this Court in three earlier decision, reported in 1985 PLJR 15 (Ramanand Singh v. Bidayapati Devi), 1986 PLJR 222 (Bettiah Estate v. Pushpa Devi) and 1989 PLJR 536 (Smt. Jai Kala Devi v. Nalini Ranjan Prasad Singh). Admittedly, there is a private mosque over Khati homestead land which is being dragged in, for the purpose of consolidation scheme under the provisions of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.

2. From the impugned orders, I find that there is no dispute over the fact that the land in dispute is being used as mosque and there are shops around such mosque. Even the Revenue Authorities have not disputed this fact. In the background of this admitted fact, the petitioner has challenged the order dated 30-11-1987 passed by the Consolidation Officer, Nasriganj (Rohtas), in Consolidation Case No. 135/67 of 1986-87. The petitioner had preferred appeal against the order of Consolidation Officer being Appeal Case No. 1092 of 1987-88 before the Assistant Director of Consolidation which was allowed in his favour. The Revisional Authority i.











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