IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4351 of 2001 HARI NATH PRASAD RAI @ HARI RAI & ORS. Versus THE STATE OF BIHAR & ORS ----------- 10. 23.09.2008. Heard learned counsel for the petitioners, State and the counsel for the private respondents. 2. Petitioners are assailing the order dated 12.12.2000 passed by the Deputy Director, Consolidation (Headquarter), Bihar, Patna in Revision Case No. 764 of 1987, Annexure-5, whereunder the appellate order dated 15.05.1981 passed by the Deputy Director, Consolidation, Vaishali in Appeal Case No. 66 of 1981- 82, Annexure-4 was set aside. 3. It is submitted on behalf of the petitioners that perusal of the revisional order would indicate that without condoning six year’s delay in filing the revision case the appellate order dated 15.05.1981, Annexure-4 was set aside which action of the Deputy Director, Consolidation is wholly without jurisdiction as without condoning the delay in filing the revision application, the revision was not maintainable and could not have been allowed setting aside the appellate order dated 15.05.1981, Annexure-4. 4. Counsel for the private respondents has not disputed the aforesaid submission by filing any counter - 2 - affidavit. 5. In the circumstances, this Court has no option but to proceed on the basis that the revisional authority proceeded to set aside the appellate order dated 15.05.1981, Annexure-4 without condoling the delay in filing the revision application and, accordingly, the impugned order dated 12.12.2000 passed by the Deputy Director, Consolidation (Headquarter), Bihar, Patna in Revision Case No. 764 of 1987, Annexure-5 is set aside and the matter is remitted back to the Director, Consolidation, Bihar, Patna where the petitioners are directed to appear on 20th October, 2008, whereafter the Director, Consolidation shall issue notice to the private respondents and proceed to dispose of the matter in accordance with law. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)