IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13937 of 2009 1. VISHUNDHARI RAM, S/o- Late Sita Ram. 2. Kedar Nath Ram, S/o- Late Laxmi Ram. 3. Smt. Kawalpati Devi, W/o- Ramashankar Ram. All resident of Village- Akhinee, P.S.- Nuawn (Ramgarh), District- Kaimur(Bhabhua) :-- Petitioners. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Land Revenue and Reform, Govt. of Bihar, Patna. 3. The Directorl Land Revenue and Reform, Bihar, Patna. 4. The Director, Consolidation, Bihar, Patna. 5. The Collector, Kaimur (Bhabhua), District- Kaimur. 6. The Addl. Collector, Kaimur (Bhabhua), District- Kaimur. 7. The Circle Officer, Ramgarh, District- Kaimur. 8. Most. Kismat Bibi, W/o- Late Sahajada Khan. 9. Most. Rakumun Bibi, W/o- Late Badasahajada Khan. 10. Most. Ajaibun Bibi, W/o- Late Abdul Gaffare Khan. 11. Most. Sadarun Nisa, W/o- Late Ashdulah Khan. 12. Dulhin Sarwari Begam, W/o- Rafullah Khan. 13. Ijahar Khan, S/o- Late Nasarullah Khan, 14. Dulhin Masihan Bibi, W/o- Samullah Khan 15. Most. Basiran Bibi, W/o- Late Niyaj Khan. 16. Md. Soikat Khan, S/o- Late Niyaj Khan. 17. Most. Munibun Bibi, W/o- Late Nisar Khan :--- Respondents. ----------- 02. 27.10.2009. Heard learned counsel for the petitioners and the State. 2. Father of Petitioner Nos. 1 and 2 and Petitioner No.3 herself were allowed settlement over the lands-in-question vide purcha issued under the signature of the Collector of the District in the case of Petitioner Nos. 1 and 2 and in case of Petitioner No. 3 under the signature of the Deputy Collector Land Reforms and Sub-Divisional Officer. The three purchas are contained in Annexures 1,2 and 3 perusal whereof indicates the details of the case number in which the purchas were issued in favour of father of Petitioner Nos. 1 and 2 and to petitioner No.3 herself. 3. It is submitted on behalf of the petitioners that without impleading them in the proceedings taken before the Consolidation authorities the lands which were the subject matter of the purchas, Annexures 1,2 and 3 have been held to be the raiyati lands of Private - 2 - Respondent Nos. 8 to 17 by the Director, Consolidation under order dated 2.4.2009, Annexure-8 although the claim of the private respondents was rejected by the Consolidation Officer and the Deputy Director. It is further submitted that while passing the order dated 2.4.2009, Annexure-8 the Director, Consolidation neither issued notice to the petitioners nor considered the mutation already allowed in favour of the petitioners and proceeded to pass orders in favour of private respondents setting aside the original, appellate order and on the basis of the orders of the Director, Consolidation the private respondents are threatening the petitioners with eviction. It is submitted on behalf of the petitioners that the order dated 2.4.2009, Annexure-8 is wholly without jurisdiction as the same has been passed ignoramus of the purchas contained in Annexures 1,2 and 3 as also without hearing the purcha holders, namely, the petitioners. 4. Having heard the counsel for the petitioners and the State I direct the petitioners to invoke the review jurisdiction of the Director, Consolidation highlighting the aforesaid aspects. With the review application petitioners should annex the copy of the purchas as also make available the original purcha for perusal of the Director, Consolidation. Petitioners should also make available the mutation order in regard to the lands-in-question passed in their favour so that the Director, Consolidation may consider the whole matter in proper perspective after notice to the private respondents. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)