IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3979 of 2008 RAM BRIKSH MISTRY & ORS Versus THE STATE OF BIHAR & ORS ----------- 4. 22.7.2008. Heard learned counsel for the petitioner and the State. 2. Petitioners claim themselves to be the tenants of Cadastral Survey Plot Nos. 567 and 568 which was part of Tauji No. 4736 of which Abdul Hamid Khan and others were proprietors as is evident from the order contained in Annexure-3 to this application. Ignoring such order, Plot No. 568 has been directed to be recorded in the name of Respondent No. 3 by the Joint Director, Consolidation under his order dated 5.9.2007 as contained in Annexure-1 to this application. It is submitted on behalf of the petitioners that such order is wholly contrary to the records as would appear from the certified copy of the order, Annexure-3 whereunder Tauji No. 4736 was allotted to the share of Abdul Hamid Khan, the proprietor on the basis of which during the survey proceedings under the Bihar Tenancy Act, the said plot was also recorded in favour of the petitioners as far back on 10.2.1978, which fact would appear from the Raiyati Khatiyan as contained in Annexure-4 to this application. 3. While passing the impugned order dated 5.9.2007, Annexure-1 learned Joint Director, Consolidation has refused to rely over the order, Annexure-3 whereunder Tauji No. 4736 was allotted to the share of Abdul Hamid Khan as from the certified copy of the order, Annexure-3 it does not appear which authority had passed that order. From the certified copy of order, Annexure-3 which was placed before 2 this Court it is evident that the same has been issued from the record room of the Gaya Collectorate, as such, it was open for the Joint Director, Consolidation in terms of the powers contained in Section 37B of the Consolidation Act to have called for the original record from the record room so as to verify the authority who passed order, Annexure-3 allotting Tauji No. 4736 comprising amongst others Plot Nos. 567 and 568 in the share of Abdul Hamid Khan. 4. In view of my conclusions above, I set aside the order dated 5.9.2007, Annexure-1 and remit back the matter to the learned Joint Director, Consolidation so as to enable him to call for the original records appertaining to Annexure-3 from the record room of the Collectorate at Gaya and after perusing the same and hearing the submissions of the parties as also other documents produced by the parties pass appropriate orders in accordance with law. Parties are directed to appear before the Joint Director, Consolidation along with certified copy of this order on 22nd August, 2008. 5. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J)