IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2122 of 2003 1. Sanjay Singh 2. Abhay Singh 3. Vaibhawa Singh 4. Roushan Singh Minor sons of Sanjay Singh All resident of Village and Post Jamalpur Dist. Mirjapur (UP) At present residing at village Kushdihra P.S. Bhabua Dist. Kaimur (Bhabua) Petitioners Versus 1. THE STATE OF BIHAR 2. The Consolidation Officer, Bhabua Kaimur 3. The Deputy Director of Consolidation Sasaram, Rohtas 4. The Director of Consolidation, Bihar, Patna Respondents ----------- 9 26.8.2009 Heard Mr Achhaibar Singh, learned counsel for the petitioners and Mr Chhote Lal Narain Singh, SC I for the State. Learned counsel for the petitioners submitted that the scheme of consolidation with regard to Kushdihra mauza, Kaimur District, had already been confirmed and distribution of Chak Khatiyan and delivery of possession among the raiyats had also taken place as per provision of sections 13, 14, 15 and 16 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as “the Act’). The only requirement was of a notification under section 26A of the Act declaring closure of the consolidation operation after its conclusion. - 2 - This is being deferred by the State Authorities without any rhyme or reason. It was contended on behalf of the petitioners that due to the aforesaid fact, title suit, which had abated under section 4C of the Consolidation Act on account of notification of initiation of consolidation operation under section 3, was not being revived. Respondent no.4 has filed supplementary counter affidavit as per direction of this court and a counter affidavit has also been filed by the Assistant Director, Technical Survey Press, Gulzarbagh. It has been stated by the Consolidation authority that non- publication of Chak map till date had delayed the process of notification under section 26A of the Act. The chak map was forwarded for printing in the year 2003 itself but due to some technical errors/objections the same could not be printed as yet. The concerned authorities have been reminded in this regard. It has also been stated that since the authorities have taken all the steps, it will now take further one month’s time for denotifying the mauza by a proper notification under section 26 A of the Act. The Assistant Director, Technical Survey - 3 - Press has stated that fee of printing has not been deposited by the consolidation authorities and there are certain errors in the map also which are to be corrected. It is submitted by learned counsel for the State that necessary corrections have already been made in the map concerned and that has been resubmitted for printing. In view of the aforesaid admitted position and the stand taken by respondent no.4, the respondents are directed to take all the steps for denotifying the mauza concerned by coming out with a proper notification under section 26A of the Act within three months from today. Accordingly, this writ application stands disposed of. Let a copy of this order be handed over to learned Standing Counsel No. I. shahid (Dr Ravi Ranjan, J)