IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13498 of 2008 1. BAIDYANATH PRASAD SINGH @ BAIDNATH SINGH 2. SHIVAN SINGH BOTH SONS OF LATE MALLAR SINGH, RESIDENT OF VILLAGE DIH SARSAUNA, P.S. BANGRA, P.O. GAUSPUR SARSAUNA, ANCHAL PUSA, DISTRICT SAMASTIPUR. --- OPPOSITE PARTIES-PETITIOINERS Versus 1. THE STATE OF BIHAR THROUGH COLLECTOR, SAMASTIPUR. 2. THE JOINT DIRECTOR OF CONSOLIDATION, MUZAFFARPUR. 3. DEPUTY DIRECTOR OF CONSOLIDATION, SAMASTIPUR. 4. CONSOLIDATION OFFICER, PUSA, SAMASTIPUR. 5. CIRCLE OFFICER, PUSA, SAMASTIPUR. 6. KHAKHNOO SINGH @ KHAKHNOO MAHTO 7. MAHAVIR SINGH @ MAHAVIR MAHTO BOTH SONS OF LATE JAGRUP MAHTO, RESIDENT OF VILLAGE DIH SARSAUNA, P.S. BANGRA, P.O. GAUSPUR SARSAUNA, ANCHAL PUSA, DISTRICT SAMASTIPUR. --- PETITIONERS-RESPONDENTS ----------- 3 2.7.2010 This application has been filed for quashing the order dated 27.2.2008, passed by the Joint Director of Consolidation, Muzaffarpur in Revision Case No. 37 of 2005. The petitioners’ case is that Cadastral Survey Plot No. 211 measures about 7 decimals whereas Cadastral Survey Plot No. 212 are of 11 decimals. The petitioners’ and the respondents’ ancestors amicably partitioned the lands and the petitioners’ ancestors got 4½ decimals in Cadastral Survey Plot No. 211 and 1½ decimals in Cadastral Survey Plot No. 212 and 2 decimals in Cadastral Survey Plot No. 204 and the petitioners thereafter got a total amount of 8 decimals of lands during the revisional survey which was recorded as Revisional Survey Plot No. 245. In the course of consolidation proceedings in the year 1979, a Chak Khatiyan was prepared and Chak No. 161 was prepared in the name of the petitioners. The Chak scheme was confirmed and published in 1979. At that stage, the private respondents or their ancestors did not file any objection to the 2 preparation of the Chak. The present application was filed by the respondents on the ground that both the petitioners and the respondents came from common ancestors. The grand father of the petitioners was Phulchand whereas the respondents came from the branch of Rang Lal. The names of both the brothers were recorded in the original Khatiyan which was thereafter corrected during the consolidation proceedings. In 2005, the respondents filed this application before the Joint Director. The order of the Joint Directors refers to the cases of both the parties and thereafter in two lines comes to the conclusion that the respondents are entitled to share on Plot No. 211 without defining his entitlement. On perusal of the order, I find that no reasons have been given for reopening the case or coming to a conclusion that there was a gross violation of the rule and regulations while the Chak was prepared in 1979. The order is definitely bad on the ground that on the basis of oral submission, the Joint Director has held that the respondents have right by way of adverse possession. In the joint family property, the possession of any one member of the family is the possession of all members and it cannot be held that by virtue of one party being in possession over a piece of land he would be in adverse possession of such joint family. The order even otherwise is a non- speaking order and in fact this Court finds that no fresh grounds have been made out to warrant the interference in Chak publication in the 3 year 1979 under Section 35 of the Bihar Consolidation Act. In the result, the order dated 27.2.2008, passed by the Joint Director of Consolidation, Muzaffarpur in Revision Case No. 37 of 2005 is quashed. This application is allowed. Sanjay (Sheema Ali Khan, J.)