IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5054 of 2007 RAM SEWAK SINGH, sonof Late Buni Lal Singh, resident of village –Jamin Kamtaul, PO Anant Kamtaul, PS Kurhani, District Muzaffarpur ….. Petitioner Versus 1. THE STATE OF BIHAR 2. The Joint Director of Consolidation, Muzaffarpur 3. Consolidation Officer, Kurhani, PS Anchal Kurhani, District Muzaffarpur 4. Jageshwar Singh 5. Jugeshwar Singh - both sons of Late Budhu Singh 6. Marchu Singh son of Late Ullu Singh 7. Mahadeo Singh son of Late Gena Singh 8. Manoj Kumar son of Rajj Balam Singh 9. Yogendra Singh son of Ram Ashray Singh 10. Raj Balam Singh, son of Ram Parichan Singh - Respondent nos. 4 to 10 all residents of village Jamin Kamtaul, PO Anant Kamtaul, PS Kurhani, District Muzaffarpur ….. Respondents ----------- 02- 27.1.2009 Heard Mr. Nawal Kishore Prasad for the petitioner, and Mr. Anil Kumar Jha, learned Govt. Pleader no. II. This writ petition is directed against the order dated 20.12.2006, passed by the learned Joint Director of Consolidation, Muzaffarpur, in Case no. 119/95 (Jageshwar Singh v. Ram Sewak Singh), whereby the revision application filed by respondent no. 4 herein in terms of Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act has been allowed. 2. While assailing the validity of the impugned order, learned counsel for the petitioner submits that Jageshwar Singh had preferred the revision application without exhausting the statutory remedy of appeal. It appears that the petitioner herein, opposite party no.2 therein, did not press this aspect and took the chance of a judgment. The contention cannot be entertained here. Learned - 2 - counsel for the petitioner has also raised certain issues on facts, and submits that the transfer had taken place without prior permission of the Consolidation Officer in violation of the provisions of Section 32 of the Act. It appears that the learned revisional authority has found that prior permission has been obtained. 3. The writ petition is dismissed. ( S K Katriar ) mrl