IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14964 of 2009 FULCHAND SINGH, SON OF LATE RAM BRIKCHH SINGH, ALIAS BIRA SINGH, RESIDENT OF VILLAGE BHARHERIA, POLICE STATION RAMGARH, ANCHAL RAMGARH, DISTRICT KAIMOOR-----PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR OF CONSOLIDATION, BIHAR, PATNA. 3. THE DEPUTY DIRECTOR OF CONSOLIDATION, ROHTAS AT SASARAM. 4. THE CONSOLIDATION OFFICER, RAMGARH, MAIMOOR, BHABHUA---- RESPONDENTS IST SET. 5. SANTOSH SINGH. 6. PRADEEP SINGH. 7. BINAY SINGH, ALL SONS OF LATE BHAGWAN SINGH. 8. RAJINDRA SINGH. 9. SUBEDAR SINGH, BOTH SONS OF LATE RAM RAJ SINGH. 10. KATIK SINGH, SON OF LATE KISHUNI SINGH, 11. BABAN SINGH, 12. LALLAN SINGH. 13. SURENDRA SINGH, ALL SONS OF LATE SHYAM RAJ SINGH. 14. NANHKU SINGH SON OF LATE RAM SURAT SINGH. 15. SANJAY SINGH, SON OF LATE NARSINGH SINGH. 16. BHARAT SINGH, SON OF LATE RAM BACHAN SINGH, SL. NO.5 TO 16 ARE RESIDENTS OF VILLAGE BHARHERIA, POLICE STATION RAMGARH, ANCHAL RAMGARH, DISTT. KAIMOOR---RESPONDENTS 2ND SET. 17. KANTI DEVI, WIFE OF FULCHAND SINGH, RESIDENT OF VILLAGE BHARHERIA, POLICE STATION RAMGARH, ANCHAL RAMGARH, DISTRICT KAIMOOR ---RESPONDENT 3RD PARTY. ---------- 03. 16.11.2009 In compliance of my order dated 9.11.2009 counsel for the petitioner has filed supplementary affidavit annexing the ordersheet of the Director, Consolidation, Bihar, Patna maintained in connection with Consolidation Revision Case No.774 of 1992 in which present petitioner being the husband of Kanti Devi was opposite party along with his wife Kanti Devi. 2. Heard learned counsel for the petitioner and the State. 3. It is submitted on behalf of the petitioner that the aforesaid revision case was filed in the year 1992, whereafter the petitioner and his wife Kanti Devi appeared in the said revision case but the same was not heard and the matter remained pending as the Director, Consolidation, Bihar, Patna in whose file the aforesaid revision case was pending remained busy with some other work, - 2 - which fact would be evident from the order dated 31.7.2003 onwards. Vide order dated 9.12.2006, the Director, Consolidation observed that the petitioner had already been served with the notice of the proceedings, however, granted the petitioners further opportunity to appear and contest the revision case. It is also submitted that as the matter remained pending and the Director, Consolidation remained busy with some other work he was not appearing on the date fixed as he expected that once the Director decides to hear the matter, he shall issue fresh notice to the petitioners, which was never issued and under order dated 18.4.2007 the Director fixed the revision case for ex parte hearing without serving any notice to that effect and the matter remained under ex parte hearing until the impugned order dated 3.6.2008, Annexure-1 was passed. 4. It is further submitted on behalf of the petitioner that as the revision case was filed in the year 1992 and could not be heard within a reasonable time of the appearance of the petitioners in the said revision case, petitioners were under the impression that a fresh notice about fixing a date for hearing shall be served on them and in such expectation they could not appear in the matter. 5. Having heard counsel for the parties as also having perused the ordersheet of the said revision case, I am satisfied that petitioners had good ground not to appear in the proceeding as after their appearance the revision case was adjourned until 2.11.2006, as such before fixing the case for ex parte hearing the Director was required to have issued fresh notice to the petitioner. He having not - 3 - issued such notice, it is directed that petitioner should appear before the Director, Consolidation, Bihar, Patna on 30.11.2009, whereafter fresh notice be issued to Shri Sheo Bhagwan Singh and all other petitioners and after hearing them the impugned order dated 3.6.2008, Annexure-1 be recalled by the Director and the matter be heard afresh and decided on merit in accordance with law. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)