IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14022 of 2006 NAWAL KISHORE SINGH Versus THE STATE OF BIHAR & ORS ----------- 02/ 24.7.2008 Heard learned counsel for the petitioner and the State. 2. It is submitted on behalf of the petitioner that the order dated 28.3.2000, passed in Revision Case No. 358 of 1999, Annexure-2 to this application is wholly without jurisdiction as the same has been passed by the Deputy Director, Consolidation, Headquarter, Bihar, Patna, who has not been vested with the revisional powers under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as the Act) as the said power is vested only with the Director and Joint Director of Consolidation, Bihar, Patna and the Deputy Director, Consolidation having not been vested with the revisional power under Section 35 of the Act, order dated 28.3.2000, Annexure-2 is without jurisdiction. It is further submitted that while passing the order dated 28.3.2000, Annexure- 2, against the petitioner he was not even impleaded as opposite party in the proceeding and the order affecting his interest in the lands in question was passed which is wholly improper. 3. It is agreed by the parties at the Bar that the Deputy Director, Consolidation, Headquarter is not vested with the revisional powers under Section 35 of the Act and in view of such agreement made at the Bar, order dated 28.3.2000, Annexure-2 is set aside and the petitioner is directed to appear before the - 2 - Director, Consolidation, Bihar, Patna on 18.8.2008, whereafter Director, Consolidation shall call for the records of Revision Case No. 358 of 1999 and pass appropriate orders in accordance with law after hearing not only the petitioner but also other parties in the said case. 4. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)