IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8434 of 2008 1. BAHORI DEVI , W/o Late Jira Sahani 2. Asharfi Sahani son of late Jira Sahani 3. Musai Sahani son of late Jira Sahani 4. Biltu Sahani son of late Roshan Sahani 5. Hari Sahani @ 1K1 Sahani, son of Sigar Sahani All resident of village-Chak Jamalabad, P.O. Nokta, P.S. Motipur, District- Muzaffarpur ……….Petitioners. Versus 1. THE STATE OF BIHAR , the Joint Director, Consolidation, Muzaffarpur 2. Badri Bhagat son of late Darbari Bhagat 3. Bhola Bhagat son of late Darbari Bhagat 4. Rajdeo Bhagat son of Bathoo Bhagat 5. Sugdeo Bhagat son of Bathoo Bhagat 6. Fuldeo Bhagat son of Bathoo Bhagat All are residents of village-Chak Jamalabad, P.O. Nokta, P.S. Motipur, District- Muzaffarpur ……Respondents. ----------- 2. 23.04.2009 Heard the counsel for the petitioners and the counsel appearing for the state as also the respondents No. 2, 3 & 4. This application has been filed by the petitioners for quashing the order dated 07.11.2007 passed by Joint Director, Consolidation, Muzaffarpur in revision case No. 33/07. The revision was preferred by the private respondents and by the impugned order, the Joint Director, Consolidation has directed the Consolidation Officer to make entry of plot No. 13849 measuring 31 decimals , Plot No. 22479 measuring 0.9 decimals in the name of private respondents in the CHAK Khatiyan after deleting name of the petitioners. Counsel for the petitioners submits that respondents had filed revision application directly before the Deputy Director, Consolidation without filing any objection before the - 2 - Consolidation Officer or any appeal before the Deputy Director of Consolidation. This revision application was filed by the respondents after dismissal of Title Suit No. 196/98 filed for declaration of title over the disputed land. Counsel appearing for the respondents has not disputed this fact that Title Suit No. 196/98 was filed by them with respect to the same lands which are subject matter of the revision application and the suit was filed for declaration of their title and possession over the land. Without further going into facts of the case, the impugned order passed by the Joint Director, Consolidation is held to be without jurisdiction for the reason that a consolidation court cannot set aside judgment and decree passed by any competent court of civil jurisdiction. The judgment and order passed by the competent civil court can be set aside or nullified only by filing appeal before the appropriate court of competent jurisdiction. Accordingly, the order 07.11.2007 passed by the Joint Director, Consolidation, Muzaffarpur is quashed. This application is allowed. akv (Mridula Mishra, J.)