IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10303 of 2001 GARIB NATH RAI Versus THE DIRECTOR, CONSOLIDATION, GOVERNMENT OF BIHAR, PATNA &ANR ----------- 8. 16.09.2008. Heard learned counsel for the petitioner and the counsel for the Private Respondent No.2. 2. Petitioner is aggrieved by the order dated 29.11.1997 passed by the Director, Consolidation, Bihar Patna in Revision Case No. 829 of 1991, Annexure-1. It is submitted on behalf of the petitioner that Revision Case Nos. 829 of 1991, 830 of 1991 and 01 of 1992 were transferred from the court of Joint Director, Muzaffarpur to the court of Director, Consolidation, Bihar, Patna without notice to the petitioner and thereafter Revision Case No. 829 of 1991 was disposed of under the impugned order dated 29.11.1997, Annexure-1. The other two revision applications are still pending. Such averment has been made in Paragraph-17 of the writ application, which has not been controverted by filing any reply thereto. In the circumstances, this Court proceeds on the basis that the three revision applications were transferred from the court of Joint Director, Muzaffarpur to the court of Director, Consolidation, Bihar, Patna behind the back of the petitioner. As the transfer was made behind the back of the petitioner, whereafter one of the three revision applications was disposed of under the impugned order dated 29.11.1997, Annexure-1, the said order is set aside and the matter remitted back to the Director, Consolidation, Bihar, Patna to hear the parties afresh. But before proceeding further with the matter, the Director, Consolidation shall - 2 - issue notice to Private Respondent No. 2 and after securing his presence shall proceed in the matter. 3. Petitioner is directed to produce the sale deed dated 22.5.1912 executed by Gonour Mian and Diljan Mian in favour of Devan singh(father of Yugeshwar Singh) who executed the sale deed dated 6.8.1965 in favour of the petitioner. He is further directed to produce the deed of rectification whereunder sale deed dated 22.5.1912 is said to have been rectified. Private Respondent No.2 is directed to produce the sale deed executed by Diljan Mian in favour of Gorakh Prasad Sahi, the ancestor of Private Respondent No.2. Before recording the final order, the Director, Consolidation must ensure production of either the aforesaid original sale deed/rectification deed or the certified copy thereof. 4. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)