IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8536 of 2010 1. MD. KABIR S/O LATE SEIKH MD. AMIR R/O MAUZA SARAI DHANESH, P.O. SARAI DHANESH, P.S.- DESRI (SAHDEI-BUZURG, O.P.), DISTT.- VAISHALI ------------------------------------------------------ PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY-CUM-COMMISSIONER DEPARTMENT OF REVENUE AND LAND REFORMS, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR DEPARTMENT OF REVENUE AND LAND REFORMS, GOVT. OF BIHAR, PATNA 4. THE DIRECTOR CONSOLIDATION, BIHAR, PATNA 5. THE DEPUTY DIRECTOR, CONSOLIDATION VAISHALI AT HAJIPUR 6. THE CONSOLIDATION OFFICER VAISHALI AT HAJIPUR 7. THE ASSISTANT CONSOLIDATION OFFICER DESRI, DISTT.- VAISHALI 8. SHEO BALAK SINGH S/O LATE SARJUG SINGH R/O MAJROHI RAGHUNANDAN, P.O. SAHDEI BUZURG, P.S. DESRI (O.P. SAHDEI), DISTT.- VAISHALI 9. NAGENDRA SINGH @ BINDESHWAR SINGH S/O LATE PARMESHWAR SINGH R/O MAJROHI RAGHUNANDAN, P.O. SAHDEI BUZURG, P.S. DESRI (O.P. SAHDEI), DISTT.- VAISHALI ----------------------------------------------------- RESPONDENTS For the petitioner :- Mr. Raghib Ahsan, Sr. Adv. Mr. Md. Fahimuddin, Adv. For the private respondents :- Mr. D.K. Sinha, Sr. Adv. Mr. Dhananjay Kumar, Adv. For the State :- Mr. Shashi Bhushan Kumar, SC 16 Mr. Rajeev Kumar, AC to SC 16 ----------- 3 3.8.2010 The dispute is between two communities regarding whether the lands in question are Kabristan or a Deo Asthan. For this very purpose, a title suit was filed by the villagers of village Majrohi Raghunandan, P.S. Desri, District Vaishali in their representative capacity in which the lands which are in dispute, appertain to Khata No. 340 Khesra Nos. 761, 827, 723, 762, 827, 763 2 and 761. In the mean time, one Sheo Balak Singh and Ors. filed an application before the Deputy Collector, Consolidation with a prayer that certain lands should be declared to be Deo Asthan. These lands are recorded in the name of State of Bihar whereas the case of the petitioner is that these lands have been recorded as State of Bihar, Kabristan. It is an accepted fact that the consolidation proceedings had closed and a notification was issued under Section 26A of the Consolidation Act. The Appellate Court accordingly held that it cannot interfere with the matter once the village has been denotified under Section 26A of the Consolidation Act. Counsel for the petitioner submits that since the lands have been recorded as State of Bihar, Kabristan and the matter is pending before the Civil Court, it would not be proper for the consolidation authority even if it had the power to hear the mater, to pass any order with respect to the lands which are subject matter of the suit. Learned counsel appearing on behalf of the opposite parties on the other hand 3 submits that certain plots bearing plot nos. 1338, 1339, 1344, 1345, 1343 and 1659 have been left out in the suit. It is submitted that, there is a dispute with respect to these lands as well. It is further submitted that in the revisional survey the land has not been recorded as a Kabristan rather it recorded in the name of State of Bihar and it is the Assistant Consolidation Officer who had recorded it as a State of Bihar Kabristan. There is no counter affidavit on behalf of the State regarding the stand with respect to these lands. In the present facts of the case, I think it proper that all disputes with respect to the subject matter in hand should be brought to the notice of the Court concerned, in an appropriate manner by any of the parties, so that, no further dispute regarding the subject matter arises in future, meaning thereby that the petitioner or the respondent nos. 8 and 9 can take steps in the aforesaid direction, before the Court of the Sub Judge, Hajipur, Vaishali by filing an application to be added as party or by filing a fresh suit, if so advised. The 4 parties will also have the liberty to get the suits heard together by filing an application to that effect. The order impugned passed on 11.2.2010 shall stand quashed, as the matter is now in the hands of the competent Civil Court. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)