IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1526 of 2004 1. JAGBANDHU THAKUR 2. SHIV NANDAN THAKUR 3. SITA RAM THAKUR 4. CHANDRESHWAR THAKUR ALL (1 TO 4), SONS OF LATE RAM LAKHAN THAKUR, 5. RAJENDRA THAKUR, SON OF RAM JULUM THAKUR 6. MOSTT. LAKHI DEBI, WIFE OF KISHORI THAKUR 7. RADHAKANT THAKUR 8. RABINDRA THAKUR 9. SURENDRA THAKUR 10.BIRENDRA THAKUR ALL (7 TO 10) SONS OF LATE KESHORI THAKUR, ALL (Sl. NO. 1 TO 10) RESIDENTS OF VILLAGE ANWARPUR, P.O. LALGANJ, P.S. LALGANJ, DISTRICT VAISHALI. ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR OF CONSOLIDATION, BIHAR, PATNA. 3. THE JOINT DIRECTOR, CONSOLIDATION, MUZAFFARPUR. 4. THE DEPUTY DIRECTOR OF CONSOLIDATION, VAISHALI, HAJIPUR 5. THE CONSOLIDATION OFFICER, LALGANJ, DISTRICT VAISHALI ----- RESPONDENTS 1ST SET 6. DIP NARAIN RAI, SON OF LATE HEMRAJ RAI, RESIDENT OF VILLAGE ANWARPUR, P.O. LALGANJ, P.S. LALGANJ, DISTRICT VAISHALI. ----- RESPONDENT 2ND SET ----------- 4 12.7.2010 Heard learned counsel for the petitioners. Nobody appears on behalf of the respondents despite notices. This Court had called for the records of this case. The matter is being remanded to the Director, Consolidation in view of the fact that although notice was issued to the petitioners, it was never served upon them. The records do not show service of notice. Besides which it appears that the order of the Joint Director was issued on 2.1.1997 whereas in the plaint of Title Suit No. 144 of 1998 contained in annexure-9 at paragraph 6, it has been specifically stated that the revision application has been filed against the order of the Deputy Director, Muzaffarpur which indicates that final order was passed in 1987. There was no occasion for the opposite parties to make a statement in the plaint that t he revision application was pending. 2 I accordingly quash the order dated 2.1.1997, passed by the Joint Director of Consolidation, Muzaffarpur in Revision Case No. 1211 of 1988. The Director, Consolidation will issue notice to Dip Narain Rai or his heirs and after hearing both the parties, pass order within six months on receipt/production of a copy of this order. The record should be returned to the concerned office of the State counsel. This application is allowed. Sanjay (Sheema Ali Khan, J.)