IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14359 of 2009 1. SATTAN SINGH 2. Leeladhar Singh 3. Mochan Singh. 4. Mantun Singh All sons of Late Katti Singh, Resident of Village- Gulni Kusha, P.S.- Shambhuganj, District- Banka :----------- Petitioners. Versus 1. THE STATE OF BIHAR 2. The Joint Director, Directorate Consolidation Bihar, Patna. 3. Assistant Director, Consolidation, Bhagalpur. 4. Consolidation Officer, Shambhhuganj, Banka. 5. Lal Mohan Singh. 6. Krishna Mohan Singh. 7. Ram Mohan Singh. All sons of Late Chandeshwari Pd. Singh, Resident of Village- Gulni Kusha, P.O.- Gulni Kusha, P.S.- Shambhhuganj, District- Banka :----- Respondents. ----------- 3. 05.11.2009. Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 24.08.2009 passed by the Joint Director, Consolidation (Headquarter) Bihar, Patna in Revision Case No. 08 of 2004, Annexure-13, whereunder the learned Joint Director, Consolidation (Headquarter) has set aside the order dated 22.11.2003 passed by the Assistant Director, Consolidation, Bhagalpur in Misc. Case No. 01/96-97, Annexure-6 on the ground that the petitioners having not filed objection under Section 10(2) of the Act within the time prescribed therein could not have approached the Assistant Director challenging the entries in regard to the lands-in- question by filing Misc. Case No. 01/96-97 which was allowed by the Assistant Director under orders dated 22.11.2003 ignoring the bar contained in Section 10-A of the Act as the Assistant Director had no jurisdiction to condone the delay in filing the objection. 3. It is submitted on behalf of the petitioners that while passing the impugned order learned Joint Director has not considered the submission raised by the petitioners before him that objection in terms of - 2 - Sub-Section (2) of Section 10 of the Act could not be filed by the petitioners as at the appropriate time petitioners were prevented from filing such objection on account of the old age and illness of the father of the petitioners as also on account of the fact that the petitioners at the relevant time were away from the village. Aforesaid two facts were highlighted before the Assistant Director as also noted in his order dated 22.11.2003 and thus it was incumbent upon the Joint Director to have taken note of the said facts which was already accepted by the Assistant Director. 4. Let the petitioners invite the attention of the Joint Director, Consolidation (Headquarter), Bihar, Patna towards their predicament which prevented them from availing the remedy of objection under Sub- Section (2) of Section 10 of the Act and if the Joint Director is satisfied about the predicament of the petitioners then after notice to the Opposite Party Nos. 5 to 7 he should reconsider Revision Case No. 08 of 2004 on merits of the case of the parties, namely, the petitioners and private respondent nos. 5 to 7, as early as possible in any case within a period of three months from the date of receipt/production of a copy of this order. It is relevant to mention here that bar under Section 10-A of the Act is not applicable to the proceedings taken before the Joint Director. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)