JUDGMENT :

A common order dated 26.10.1997 passed by the Director Consolidation, Bihar, in Revision Case No. 260 of 1994 (Kesho Yadav and Others vs. Budhu Yadav and Others) and Revision Case No. 691 of 1994 (Budhu Yadav and Others vs. Kesho Yadav and Others), both filed under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as ‘the Consolidation Act’), is under challenge in both these writ applications filed by the same petitioners and, therefore, both the matters have been heard together and are being disposed of by present common judgment and order.

2. I have heard Mr. Rajesh Kumar Singh, learned counsel appearing on behalf of the petitioners assisted by Mr. Vivekanand Singh and Mr. Surendra Prasad Singh, learned counsel appearing on behalf of the respondent No.5. Learned State counsel has also assisted the Court.

3. It is to be noted, at the very outset, that C.W.J.C. No. 15404 of 2004 was filed on 08.12.2004, after more than seven years of passing of the impugned order. The petitioners thereafter chose to file