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Rajendra Prasad & Anr vs The State Of Bihar & Ors on 29 June, 2012

Bench: Chief Justice, Ahsanuddin Amanullah

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Letters Patent Appeal No.641 of 2012
                                                     In
                             Civil Writ Jurisdiction Case No. 11193 of 2001
                                                    With
                                Interlocutory Application No. 3105 of 2012
                                                     In
                                  Letters Patent Appeal No. 641 of 2012
                 ======================================================
                 1. Rajendra Prasad
                 2. Jagdish Narayan Singh, both sons of Awadh Bihari Singh @ Nathuni
                    Singh, resident of village- Saurbhaur, Police Station- Bela, District-
                    Sitamarhi.
                                                     ..... Respondent Nos. 5 & 6/ Appellants
                                                   Versus
                 1. The State of Bihar
                 2. The Director, Consolidation, Bihar, Patna
                 3. The Deputy Director, Consolidation, Sitamarhi
                 4. Consolidation Officer, Parihar, District- Sitamarhi
                                                     .... Respondent nos. 1 to 4/Respondents
                 5. Pavitri Devi, wife of Jagdish Narayan Prasad, resident of village -
                    Saurbhaur, Police Station- Bela, District- Sitamarhi.
                                                                   ..... Petitioner/ Respondent
                 ======================================================
                 Appearance :
                 For the Appellants     :      Mr. Dronacharya, Advocate.

                 For the Respondent Nos. 2-4: Mr. Sanjeev Kumar, A.C. to S.C. 17.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                        and
                        HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

                 ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   29-06-2012

Re. Interlocutory Application No. 3105 of 2012:

The delay of 45 days occurred in filing the Letters Patent Appeal is condoned.

Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 641 of 2012:

Feeling aggrieved by the order dated 16 th January 2012 made by the learned single Judge in CWJC No. 11193 of 2001 the respondent nos. 5 and 6 have preferred this Appeal under Clause 10 of the Letters Patent.

The matter at dispute arises under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. Against the order of Consolidation Officer the respondent no. 5 herein filed above CWJC No. 11193 of 2001. The learned single Judge has disposed of the writ petition with an observation that the matter be referred to the Civil Court for adjudication in respect of the validity of the sale deed. Therefore, this Appeal.

Learned Advocate Mr. Dronacharya has appeared for the appellants. He has questioned the observation that the sale deed can be held to be void or valid by the Civil Court. He has submitted that the power to adjudication in respect of a void sale deed vests in the Consolidation Officer. In support of his submission, he has relied upon the judgment of this Court in the matter of Shivajee Rai Vs. Rajendra Rai & Another [1992(2) PLJR 678].

We do not agree with the learned Advocate Mr. Dronacharya. The judgment in the matter of Shivajee Rai (supra) supports the decision of the learned single Judge.

Appeal is devoid of any merit. Appeal is dismissed in limine.

(R.M. Doshit, CJ) (Ahsanuddin Amanullah, J) Sujit/-