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RAJESH KUMAR VERMA
Ashwani Kumar Jha Son of Basuki Nath Jha – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Rajesh Kumar Verma, J.
Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed for quashing the order dated 10.10.2011 passed by the Director, Consolidation, Bihar, Patna in Consolidation Revision Case No. 104 of 2002 by which order the Revision Case filed by Bahadur Yadav has been allowed with a direction to record the name of Bahadur Yadav with respect to the land situated at Mauza Keotapatti Thana No. 74, P.S. Kishanpur, Dist. Supaul, appertaining to C.S. Khata No. 85, C.S. Plot No. 540 equivalent to R.S. Plot No. 902, area 80 decimal and R.S. Plot No. 905, are a 36 decimals and C.S. Khata No. 419, C.S. Plotr No. 4126, equivalent to R.S. Khata No. 1235, R.S. Plot No. 5309/7398 area 01 decimal which is highly illegal and unjustified as the aforesaid 1 and belongs to the petitioner which apparent from the order dated 22.04.1998 passed by the Deputy Director Consolidation, Purnea in Revision Case No. 1113/1994 which Revision Case No. 1113/1994/162/1997 which revision was filed by Bijay Jha and others including Bahadur yadav and the intervention application was filed on behalf of petitioner ancestor Udit Narayan
Delay of 10 years in filing a writ petition justified dismissal, emphasizing the importance of timely action in legal proceedings.
Point Of Law: It is important to appreciate the question of intention as it would have appeared to the paper-owner. The issue is that intention of the adverse user gets communicated to the paper owne....
Tenure Land - Once a dispute was recorded by Assistant Consolidation Officer and on objection being filed same was referred to Consolidation Officer, it is incumbent to Consolidation Officer to decid....
The Commissioner has jurisdiction to decide revisions on merit under the U.P. Land Revenue Act post-amendment, without needing to refer to the Board of Revenue.
Settlement authorities cannot alter confirmed land assignments without legal basis, emphasizing the need to respect prior land grants and judicial confirmations.
The court ruled that title objections under the U.P. Consolidation of Holdings Act must be decided on merit, emphasizing the need for proper jurisdiction and evidence rather than relying on alleged c....
The Deputy Director of Consolidation has broad powers to review evidence and rectify entries in revenue records, ensuring rightful ownership is determined based on valid evidence.
Compromise reached in consolidation matters prevails unless compelling evidence of illegality or misjudgment is presented; delayed appeals undermine procedural integrity.
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