IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15807 of 2009 PRATAP NARAYAN JHA SON OF BODH NARAYAN JHA, RESIDENT OF VILLAGE- KHARHARA, P.S. BARAHAT, DISTRICT BANKA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. ASSISTANT DIRECTOR OF CONSOLIDATION,BHAGALPUR 3. PHOTO DEVI WIFE OF LATE DAYA NAND MISHRA, RESIDENT OF VILLAGE KHARHARA, P.S. BARHAT, DISTRICT BANKA. 4. RADHA DEVI WIFE OF LATE AMARKANT JHA 5. AJAY KUMAR JHA SON OF LATE AMAR KANT JHA 6. SANJAY KUMAR JHA SON OF LATE AMAR KANT JHA RESPONDENT NOS.4 TO 6 ARE RESIDENTS OF VILLAGE KHARHARA, POLICE STATION BARAHAT, DISTRICT BANKA. 7. GAUTAM JHA SON OF LATE DEO NARAYAN JHA 8. PRITAM JHA SON OF LATE DEO NARAYAN JHA BOTH ARE RESPONDENTS OF VILLAGE KHARHARA, P.S. BARHAT, DISTRICT BANKA. ... ... RESPONDENTS. ----------- 2. 19.11.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 14.3.2007 passed in Misc. Case No.15 of 2006 by the Assistant Director, Consolidation, Bhagalpur. It is submitted on behalf of the petitioner that the aforesaid order has been passed without notice to the petitioner and such fact is evident from the records of the case as therefrom it will appear that petitioner although made opposite party but was never represented by a counsel appointed through a Vakalatnama executed by - 2 - N.H./ him. It is further pointed out that the proceedings of Misc. case was initiated contrary to the bar contained in Section 10-A of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act) and in view of the provision contained in Section 10-A of the Act, the Assistant Director, Consolidation had no jurisdiction to look into the grievance raised in the Misc. case as he does not have any revisional power akin to the powers of the Director under Section 35 of the Act. 3. Both the aforesaid points can be considered by the Director, Consolidation. Accordingly, this writ petition is disposed of with liberty to raise the aforesaid two submissions before the Director, Consolidation in accordance with law. ( V.N. Sinha,J.)