IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18245 of 2009 RADHESHYAM PRASAD BARNWAL @ RADHEY SHYAM SAH, S/o- Late Basudeo Narayan Prasad, resident of Village- Alipur Sumerganj, P.S.- Goraul, District- Vaishali :---- Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director of Consolidation, Bihar, Patna. 3. The Consolidation Officer, Goroul. 4. Baidyanath Sah, S/o- Late Saryug Sah. 5. Shankar Pd. Barnwal @ Shankar Sah, S/o- Late Basudeo Narayan Prasad. Both resident of Village- Alipur, Sumerganj, P.S. & Anchal- Goraul, District- Vaishali. 6. Ghanshyam Pd. Barnwal @ Munna Sah, S/o- Late Basudeo Narayan Pd. Resident of Mohalla- Ranipur Khirki near Police Chowki, Kirana Shop. Patnacity. 7. Bharat Pd. Mahto, S/o- Late Bishawanath Mahto, resident of Village- Alipur, Sumerganj, P.S. & Anchal- Goraul, District- Vaishali. 8. Dy. Director, Consolidation, Hajipur, Vaishali :--- Respondents. ----------- 2. 04.01.2010. Heard learned counsel for the petitioner and the State. 2. Counsel for the petitioner has filed supplementary affidavit annexing the copy of the sale-deed dated 26.5.1914 executed by Abdani Mahto, the recorded tenant of the lands-in- question. It is submitted on behalf of the petitioner that the learned Director, Consolidation rejected Consolidation Revision Case No. 70 of 2006 under orders dated 09.4.2009, Annexure-1 without notice to the other side on account of failure of the petitioner to produce the aforesaid sale-deed as also to establish the relationship between the vendor of the sale-deed and the recorded tenant of the lands-in- question. With reference to the aforesaid sale-deed it is submitted that the lands-in-question were transferred in favour of the ancestor of the petitioner by Abdani Mahto, the recorded tenant, under the aforesaid sale-deed. In the circumstances, the ground taken by the learned Director not to entertain the revision application does not appear to be germane and the matter is required to be reconsidered by the - 2 - learned Director after notice to private respondents. 3. Having heard the counsel for the petitioner and the State, I set aside the order dated 09.04.2009, Annexure-1 and remit back the Consolidation Revision Case No. 70 of 2006 to the Director, Consolidation for fresh hearing in the light of the contents of the sale deed dated 26.5.1914, Annexure-4 to the supplementary affidavit as the vendor of the said sale-deed is the recorded tenant of the lands-in- question. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)