IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5176 of 2001 HARSH NARAIN PRASAD & ORS Versus THE STATE OF BIHAR & ORS ----------- For the Petitioners :M/s Birendra Kumar Sinha, Sr. Advocate & Manish Kumar, Advocate For the Respondent No.2 :Mr. K.N. Diwakar, Advocate For the State :Mr. Satya Deo Kumar, S.C.12 06/ 17.9.2008 Heard learned counsel for the petitioners, State and private Respondent no.2. 2. Petitioners are aggrieved by the order dated 23.2.2001, passed in Revision Case No. 102 of 1998 by the Joint Director, Consolidation, Muzaffarpur, as contained in Annexure-4 to this application, as according to them, the said order was passed by Sri J. Sharma, Deputy Director, Consolidation, Purnea, who was incharge of the office of Joint Director, Consolidation, Muzaffarpur and was not notified under Sub-Section (2) of Section 34 of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act to pass such order. Such averment has been made in paragraph 22 of the writ application, which has not been controverted either by the counsel for the State or counsel for the private Respondent no.2 by filing counter affidavit. 3. In the circumstances, this Court proceeds on the basis that the order dated 23.2.2001, passed in Revision Case No. 102 of 1998, as contained in Annexure-4 to this application, was passed by Sri J. Sharma when he was holding 2 the substantive post of Deputy Director, Consolidation and was not authorized to pass such order. Accordingly, order dated 23.2.2001, Annexure-4 is set aside and the matter is remitted back to the Joint Director, Consolidation, Muzaffarpur before whom petitioners and private Respondent no.2 should appear on 20.10.2008, when learned Joint Director, Consolidation, Muzaffarpur shall fix a date for hearing of the matter and after hearing the matter on the date fixed pass appropriate orders disposing of Revision Case No. 102 of 1998 in accordance with law. 4. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)