IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9242 of 2001 KEDAR NATH OJHA Versus THE STATE OF BIHAR & ORS ----------- 5. 09.09.2008. Heard learned counsel for the petitioner and the State. None appears for the Private Respondents inspite of the fact that they have already been served. 2. Petitioner is aggrieved by the order dated 20.05.2000 passed by the Deputy Director, Consolidation, Rohtas (Headquarter-Patna) in Revision Case No. 416 of 1993, Annexure-10 on the ground that the Deputy Director, Consolidation had no jurisdiction to consider the revision arising out of the order dated 14.07.1993 passed by the Assistant Director, Bhojpur in Appeal No. 7 of 91 of 1992, Annexure-8 as the Deputy Director, Consolidation, Rohtas (Headquarter-Patna) was never vested with the jurisdiction under Section 35 of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 (hereinafter referred to as “the Act”). Even otherwise Deputy Director, Consolidation being the Officer of the same rank as that of the appellate court could not have heard the revision case arising out of appellate order - 2 - and passed the order dated 20.05.2000, Annexure-10. Similar question was considered by this Court in the judgment reported in 2001 (1) PLJR 266 (Ramotar Yadav Vs. The State of Bihar). 3. Neither the State nor the private respondents have opposed the aforesaid submission that Sri K.M.Sharma, Deputy Director, Consolidation, Rohtas (Headquarter-Patna), who passed the order dated 20.05.2000 in Revision Case No. 416 of 1993, Annexure-10, was ever vested with the powers under Section 35 of the Act. In the circumstances, order dated 20.05.2000 passed by the Deputy Director, Consolidation, Rohtas (Headquarter-Patna) in Revision Case No. 416 of 1993, Annexure- 10 is set aside and the matter is remitted back to the Director, Consolidation, Bihar, Patna, who should issue notice to the parties and after hearing them dispose of Revision Case No. 416 of 1993 in accordance with law. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)