IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14100 of 2001 RAJGIR SAHNI Versus THE STATE OF BIHAR & ORS ----------- 6. 19.09.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 21.09.1999 passed by the Deputy Director, Consolidation (Headquarter), Patna in Revision Case No. 174 of 1999, as contained in Annexure-3 to this application. 3. It is submitted on behalf of the petitioner that the aforesaid order dated 21.09.1999 has been passed resorting to the provisions contained in Section 35 of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 (hereinafter referred to as “the Act”) but the Deputy Director who passed the same was never authorized by the State Government to pass such order. Rather Director, Consolidation is empowered to exercise such power under Section 35 of the Act. 4. Counsel for the private respondents has not filed any counter affidavit disputing the aforesaid statement of fact. 5. In the circumstances, the order dated 21.09.1999 passed by the Deputy Director, Consolidation (Headquarter), Patna in Revision Case No. 174 of 1999, as contained in Annexure-3 is set aside and petitioner and the private respondent no.6 are directed to appear before the Director, Consolidation on 20th October, 2008, whereafter the Director, Consolidation shall issue notice to the other respondents and after ensuring service of notice on them hear the parties and pass appropriate orders in accordance with law disposing of Revision Case No. 174 of 1999. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)