IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15253 of 2007 1. Nathuni Singh 2. Baij Nath Singh Both sons of Late Amir Singh resident to village Araila P.S. and Block Jagdishpur Dist. Bhojpur Versus 1. THE STATE OF BIHAR 2. Director of Consolidation, Bihar, Patna 3. Assistant Director of Consolidation, Bhojpur 4. Consolidation Officer, Jagdishpur Dist. Bhojpur 5. Shankar Singh 6. Mahatam Singh 7. Shri Krishna Singh Respondents no.5 to 7 are sons of Late Kedar Singh 8. Pintu Singh son of Late Ram Pukar Singh 9. Kamalawati Kuer wife of Late Kedar Singh 10. Mostt. Prema Kuer wife of Late Suresh Singh Respondents no.5 to 10 are resident of village Araila P.S. and Block Jagdishpur Dist Bhojpur ----------- 2 04.03.2009 Heard Mr Sachidanand Singh, learned counsel for the petitioners, and Mr Sunil Kumar Mandal, learned Standing Counsel no.15 for the respondents no. 1 to 4. This writ petition is directed against the order dated 11.6.2007 (Annexure 4), passed by respondent no.2 , in purported exercise of power under section 35 of the Consolidation Act, in Consolidation Revision Case no.281 of 1995 (Nathuni Singh & others vs. Dulhin Kamlnwari Devi & others), whereby the revision application preferred by the present petitioners has been rejected. We do not feel that necessity to issue notice to respondents no.5 to 10 in view of the nature of the order we propose to pass. We have perused the materials and considered the submissions of the learned counsel for the parties. Respondent no.10 had alienated the land in question in favour of Kedar Singh (deceased) father of respondents no.5 to 7, and 9 herein. The question for - 2 - consideration is whether respondent no.10 has had right, title and interest to alienate the land in question, namely, 2.481/2 acres, out of total area 4.17 acres appertaining to R.S. Khata no. 18, situate at village Araila, Jagdishpur block district Bhojpur. The matter had earlier reached to this court at the instance of Kedar Singh , purchaser from respondent no.10, by preferring CWJC no.5294/1996 (Kedar Singh & another vs. State of Bihar & others). The same was disposed of by order dated 31.8.1998 (Annexure 1), whereby the order of the learned revisional authority was set aside and the matter was remitted back to him to decide issues indicated above in accordance with law and the observations made therein. Consequently respondent no.2 has passed the impugned order wherein he has held that the right, title and interest of respondent no.10 has been established. In other words, she had right, title and interest to alienate the same in favour of Kedar Singh (deceased) is established. The impugned order does not suffer from any infirmity. The writ petition is dismissed. (S. K. Katriar, J) shahid