IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12637 of 2001 JIT NARAYAN SAH Versus THE STATE OF BIHAR & ORS ----------- 05/ 19.9.2008 Heard learned counsel for the petitioner, State and the private Respondent no.6. 2. Petitioner is aggrieved by the order dated 4.6.1996, passed by the Joint Director, Consolidation, Muzaffarpur in Revision Case No. 337 of 1994, as contained in Annexure-2 to this writ application, whereunder he allowed the lands in question to be recorded in the name of Yogendra Sahani, private Respondent no.4. 3. It is submitted on behalf of the petitioner that the lands in question is a tank and has been recorded in the continuous khatiyan, as contained in Annexures-4/1 and 4/2 as Gairmazarua Aam lands and could not have been recorded in the name of private Respondent no. 6 as has been directed under the impugned order dated 4.6.1996, Annexure-2. It is further submitted that the impugned order dated 4.6.1996, Annexure-2 was passed by Sri J. Sharma, who was holding the post of Joint Director In-charge and was not authorized to pass orders under Sub-Section (2) of Section 34 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as the Act). It is further submitted that had he made local inspection of the lands in question as is required under Sub-section (7) of Section 10 of the Act, he would have noticed 2 that the lands in question is in the use of the villagers at large and without appreciating the aforesaid fact, learned In-charge Joint Director, Consolidation, Muzaffarpur proceeded to pass the impugned order. 4. Having heard counsel for the parties, I set aside the impugned order dated 4.6.1996, Annexure-2 and remit back the matter to the Director, Consolidation, Bihar, Patna, who should authorize the Consolidation Officer to make local inspection of the lands in question and after hearing the petitioner, private Respondent no.6 and other villagers of Tehwara within Police Station Katara, District Muzaffarpur pass appropriate final orders in accordance with law. Petitioner and private Respondent no.6 are directed to appear before the Director, Consolidation, Bihar, Patna along with a certified copy of this order on 20.11.2008. 5. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)