IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.525 of 2006 SHYAM BIHARI AHIR & ANR Versus THE STATE OF BIHAR & ORS ----------- 10 7-1-2009 Heard learned counsel for the appellants and learned counsel for respondent no.6. An attempt was made on behalf of the appellants to persuade this court to interfere with the order under appeal atleast in respect of claim decided by Consolidation Officer, Chenari because the memo of local inspection was prepared by the Assistant Consolidation officer and not by the Consolidation Officer. The order passed by the Consolidation Officer, Chenari which is available on record of the writ petition shows that local inspection was made by the authority under the Consolidation Act and was relied upon by the Consolidation officer. The memorandum of local inspection as noticed by the writ court was signed by the parties including the appellants without any objection and no issue on this regard was raised up to the revisional court. It is also worth noticing that before the Consolidation Officer also the respondents had pleaded and it was noticed that a title suit involving partition of the lands in question had already been decided by the learned Additional Sub-Judge, Sasaram. Materials have been produced to show that the appellants were parties to that suit. No doubt, an appeal preferred against the judgment and decree of the learned Additional Subjudge initially abated by an order of the appellate court on account of consolidation proceeding but - 2 - Naresh subsequently the abatement order was set aside by revisional order of this court . Considering the entire facts and circumstances noticed above, we find no good ground to interfere with the order of the writ court specially when it has already observed that the order of the writ court will not preclude the aggrieved party from taking such recourse under the general law as he is entitled to. In our opinion also the matter being taken to the civil court must be decided by the Civil Court in accordance with the provisions of the Code of Civil Procedure and not by the Consolidation Authority. With the aforesaid observations this Letters Patent Appeal is dismissed. (Shiva Kirti Singh,J) ( Shyam Kishore Sharma,J)