IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4095 of 2010 SMT.BASANTA DEVI, WIFE OF SRI CHANDRASHEKHAR SINGH, RESIDENT OF VILLAGE LASARA, POST CHHEWARI, P.S. RAMGARH, DISTRICT KAIMUR (BHABHUA) Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR, KAIMUR AT BHABHUA. 2. THE COLLECTOR, KAIMUR AT BHABHUA. 3. THE CIRCLE OFFICER, RAMGARH, DISTRICT KAIMUR(BHABHUA) 4. THE CIRCLE INSPECTOR-CUM-ASSISTANT CONSOLIDATION OFFICER, RAMGARH, DISTRICT KAIMUR(BHABHUA) ----------- 02. 09.03.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 24.10.2005 passed in Case No.97 of 2005-06, Annexure-6, whereunder the Assistant Consolidation Officer, Ramgarh has passed order for mutation of the lands in question in favour of Ramdhari Singh, son of Basgit Singh Yadav. This writ application has been filed questioning the validity of the said order without impleading Ramdhari Singh as party. 3. It is submitted on behalf of the petitioner that the order is without jurisdiction as Assistant Consolidation Officer has got no jurisdiction to direct for mutation of the lands in question. The order being without jurisdiction can be assailed in the writ jurisdiction as superior consolidation officer, namely, the Assistant, Deputy Director and Director, Consolidation are not authorized to look into the correctness, legality and propriety of the impugned order, Annexure-6. 4. I regret not to accept such submission, the order being without jurisdiction can always be challenged before the superior consolidation authorities including the Director under Section-35 of the Consolidation Act, which empower the Director to look into the regularity of the proceeding or the correctness, legality or propriety of any order passed by the authority under the Consolidation Act. Further petition being filed without impleading the person who is the beneficiary under the impugned order, as such, the petition is also defective for non-joinder of necessary party. In the circumstances, I do not find any merit in this application, which is dismissed. Rajesh/ (V.N.Sinha, J.) - 2 -