S.K. KATRIAR & KISHORE KR. MANDAL, JJ.-Respondent no. 5 of CWJC No. 4088 of 1986 has preferred this appeal in terms of Clause 10 of the Letters Patent of the Patna High Court, and is aggrieved by the judgment dated 11.9.97, whereby the writ petition at the instance of respondent nos. 7 to 9 herein was allowed, the order of revisional authority has been set aside, and that of the appellate authority restored, on the ground that respondent no. 5 had not taken prior permission in terms of Section 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act'). We shall go by the description of the parties occurring in the writ petition.

2. A brief summary of facts is essential for the disposal of this appeal. Respondent No.5 (the appellant herein) had purchased 91 decimals of land bearing Khesra No. 3669, appertaining to Khata No. 962, situate at village Adauri, district Sitamarhi, by registered deed of absolute sale executed on 18.8.79, and registered on 21.8.79, from late Most. Annapurna Devi (wife of late Abhay Nath Jha). Respondent No.8 (Manoj Kumar Singh, Petitioner No.2), and respondent no. 9 (Subodh Kumar Singh, petitione

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