IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2491 of 2002 ***** Budhu Pasi, S/o Late Pyare Pasi, resident of village and Post Manjhwari, P.S. Semari, Distt.- Buxar. …. …. Petitioner Versus 1. The State of Bihar through the Collector, Buxar. 2. Deputy Director, Consolidation (Headquarter) Bihar, Patna Budh Marg, 4th Floor Bihar Land Development Bank Ltd., Patna. 3. Consolidation Officer Simari, Distt.-Buxar. 4. Sri Ganga Singh Kushwaha S/o Late Ramawatar Singh. 5. Sri Tarkeshwar Singh Kushwaha S/o Shri Shyam Sunder Singh. Both resident of village and P.O. Manjhwari Buzurg, Anchal and P.S. Simari, Distt.-Buxar. …. …. Respondents ----------- 4. 09.01.2009. Petitioner challenges the order dated 30.8.1999, which has been passed in Revision Case No.66/99 under Section 35 of the Consolidation Act by the Deputy Director, Consolidation (Headquarter) Bihar, Patna. The submission of the counsel for the petitioner is that the order in question cannot be sustained on two grounds; that the Deputy Director does not have jurisdiction to exercise power under Section 35 of the Act because this power has not been vested in him. The power under Section 35 can be exercised only by the Director or the Joint Director. The additional submission is that the order in question is an ex-parte order, without the petitioner having been heard in the matter, which has vitally affected his interest. Learned counsel for the petitioner also produces an order dated 24.7.2008 passed in C.W.J.C. No. No.14022 of 2006, which has case of Nawal Kishore Singh Vs. State of Bihar and Ors., where an identical question with regard to the right of the Deputy Director in - 2 - exercise of jurisdiction under Section 35 was held to be non-existent. In view of the above position Annexure-1 dated 30.8.1999 is quashed. The matter is remanded back to the competent authority for proper adjudication after due notice to the party. The writ application stands allowed. Pawan/- (Ajay Kumar Tripathi, J.)