IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7047 of 2002 MOST.YASODA KUER W/O- LATE SADHO MAHTO, R/O- VILLAGE – BECHU BIGHA, P.S. – AMAS, DISTRICT – GAYA Versus 1. THE STATE OF BIHAR 2. THE JOINT DIRECTOR OF CONSOLIDATION, GAYA 3. THE DEPUTY DIRECTOR OF CONSOLIDATION, GAYA 4. CONSOLIDATION OFFICER AMAS, DISTRICT – GAYA 5. SMT. BINDESHWARI DEVI, W/O- SHRI SHANKAR MAHTO, R/O- VILLAGE – KHARJURIA, P.S. – AMAS, DISTRICT - GAYA ----------- 5. 18.02.2009 Heard learned counsel for the petitioner, respondent no.5 and also the State. Petitioner is aggrieved by the order dated 12.06.1999 passed in Revision Case No. 346 of 1986 whereby the petitioner’s revision application was dismissed for non prosecution. It is submitted on behalf of the petitioner that by order dated 30th of April 1998 passed in C.W.J.C. No. 4673 of 1987 as contained in Annexure-4 this court remitted back the matter to the Revisional Authority to decide the issue afresh after hearing the parties after making local inspection through officer of the rank of the Consolidation Officer. Learned counsel submits that the petitioner could not appear before the Revisional Authority after remand as he had no knowledge of date fixed in the said - 2 - revision case for hearing on merits as directed by this court. It is further submitted that the alleged notices through registered post was never served on the petitioner as such, he could not appear. Learned counsel appearing on behalf of respondent no.-5 submits that petitioner despite service of notice of the case deliberately did not appear and prolonged the matter and harassed the private respondents, however, no counter affidavit has been filed either by the respondent no.-5 or the State controverting the allegations against the petitioner made in the writ petition. Learned counsel appearing on behalf of the parties are in agreement that let the matter be disposed of afresh by the respondent no.-2 on merits of the matter as directed by this court as per the order contained in Annexure-4 after making local inspection through an Officer of the rank of Consolidation Officer. Considering the submission of the parties, the order dated 12.06.1999 as contained in Annexure-5 is hereby quashed and the matter is remitted back to respondent no. -2 for passing order afresh on the merits of the matter in accordance with law after hearing the parties and after making the local inspection as directed earlier. - 3 - Learned counsel for the petitioner as well as respondent no.-5 are directed to appear before the respondent no.-2 on 23rd of March 2009 in Revision Case No. 346 of 1986 for which no separate notice shall be issued to either of the parties. The respondent no.-2 on the aforesaid date on appearance of the parties shall fix up the date for hearing and dispose of the case in accordance with law. The writ application is accordingly disposed of with the above observations/directions. Let a copy of this order be given to Mr. Alok Kumar, JC to SC- XII for its communication to the respondent no.-2. Jagdish/- (Shailesh Kumar Sinha,J)