CIVIL WRIT JURISDICTION CASE No.2052 OF 1995 In the matter of an application under Articles 226 and 227 of the Constitution of India RAM BAHADUR SINGH S/O BACHCHA SINGH, R/O VILLAGE- GIDHA, PS. KOELWAR DISTT- BHOJPUR (ARRAH)----- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL, TRAINING INSTITUTE CONSOLIDATION DIRECTORATE, PATNA. 3. THE DY. DIRECTOR OF CONSOLIDATION, ARRAH 4. THE CONSOLIDATION OFFICER, KOELWAR,DISTT-BHOJPUR 5. (a) NARENDRA KUMAR SINGH 5 (b) AJAY KUMAR SINGH 5. (c) SANJAY KUMAR SINGH 5. (d) RABHAYA KUMAR SINGH, ALL S/O OF GANESH SINGH R/O VILLAGE-GIDHA PS. KOELWAR DISTT. BHOJPUR 6. RAM NARAYAN SINGH S/O RAM JANAM SINGH DECD. R/O VILLAGE –GIDHA PS. KOELWAR, DISTT- BHOJPUR (ARRAH)—RESPONDENTS. ----------- For The Petitioner :MR. CHANDRASHEKHAR PD. SINGH MR. ATUL KUMAR PANDEY,ADVOCATES For The Respondent : None For the State: MR. ANIL KUMAR JHA, GA-2 MR. UDAY BHAN SINGH JC TO GA-2 --------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI A.K.Tripathi,J Petitioner is the purchaser of the land in question from respondent no.6 namely, Ram Narayan Singh who is aggrieved by two orders contained in annexures 5 and 6.The background to the present litigation is taken note of in the subsequent narration of the facts of the case. On the basis of a exchange agreement entered between respondent nos.5 and 6 an application came to be made before the Consolidation Officer Koelwar and on verification of the stated position by virtue of annexure-1 the necessary names came to be corrected if not entered in the Chak Panji in the year 1983 as would be evident from annexure-1. The consequence of annexure-1 is the correction made in the record which have been - 2 - brought along with the writ application as annexure-2 series. Respondent no.6 namely, Ram Narayan Singh filed an application before the Consolidation Officer under section 6(1) of the Consolidation Act seeking permission to sale the land to the present petitioner. The permission came to be granted by the Consolidation Officer as would be evident from perusal of annexure-3 and annexure-3 series. Based on this permission the necessary sale deed came to be executed. After the deed was executed twist in the tale came about because an appeal came to be filed by respondent no.5 against the order of grant of permission before the Deputy Director Consolidation, Bhojpur which is Appeal No. 19/87-88. After a detailed discussion on this issue raised by respondent no.5 the permission was set aside and appeal was allowed. Efforts to get the said order set aside in the revisional jurisdiction too failed as would be evident from perusal of annexure-6. Petitioner therefore decided to challenge the two orders in the present writ application. Submission of learned counsel appearing on behalf of the petitioner is that once the necessary correction was made in the records in terms of annexures 1 and 2 series and the matter came to rest. Thereafter the said decision was never challenged by any of the parties, but by virtue of annexures 5 and 6 the respondent authorities have collaterally allowed challenge to annexure-1 and not only this in a proceeding under section 6 (1) of the Act right, title and interest of the parties have come to be - 3 - decided which according to him is beyond the ambit and power of the concerned authority in this regard. Reliance has been placed on a Division Bench order rendered in CWJC No. 4973 of 1983 (Rajendra Tiwary & Anr. Vrs. The State of Bihar & Ors) which is dated 4th November, 1992. The Division Bench after considering the ambit of the provisions under question came to a considered opinion that any finding or observation on the question of title shall be ignored for all purposes other than grant of sanction for transfer. If the parties have any grievance they will be at liberty to get their right, title and interest decided in the civil court of competent jurisdiction and section 37 of the Act will not stand as a bar. In view of the settled position in law in this regard annexures-5 and 6 are quashed. This writ application is allowed. (Ajay Kumar Tripathi,J.) Patna high Court, Patna Dated the 23rd December, 2008 NAFR (RPS)