IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15930 of 2001 PRABHU NANDAN PRASAD VERMA & ORS Versus THE STATE OF BIHAR & ORS For the Petitioners : M/S M.P.Sinha, Ratan Kumar Sinha, Advocates. For the Private Respondents : Mr. Uma Kant Sukhla, Advocte. For the State : Mr. Satya Deo Kumar, S.C.-12, Advocate. ----------- 03. 25.09.2008. Heard learned counsel for the petitioners and the counsel for the private respondent nos. 3 to 5. 2. Petitioners are the auction purchasers of the lands in question and their names have been recorded in the Revisional Survey Khatian as also in the Chakbandi Khatian which was assailed by the private respondents before the Joint Director, Consolidation, Muzaffarpur in Revision Case No.345 of 1993 which was disposed of by Shri Jaganath Sharma, Incharge Joint Director, Consolidation, Muzaffarpur under order dated 3.5.1994, Annexure-5. It is submitted that Shri Jaganath Sharma was Incharge Joint Director and never vested with the powers under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956(hereinafter referred to as “the Act) to dispose of the revision applications. It is further submitted that the order dated 3.5.1994 was passed without service of notice on the petitioners. 3. Counsel for the private respondents, however, - 2 - opposed the submission. He states that from perusal of the order sheet of the Revision Case Annexure-5 it would appear that service was effected under registered post and there is presumption that the registered cover is served on the addressee. 4. Having heard counsel for the parties, I am satisfied from the averments made in the writ petition that there was no actual service of the registered notice on the petitioners and thus they could not appear in the proceedings taken in terms of Revision Case No. 345 of 1993, accordingly, order dated 3.5.1994, Annexure-5 is set aside and the petitioners and private respondents are directed to appear before the Joint Director, Consolidation, Muzaffarpur on 10.11.2008 whereafter the Joint Director, Consolidation shall hold local inspection of the lands in question in terms of the provisions of Sub- Section(7) of Section 10 of the Act as also after hearing the parties pass appropriate orders in accordance with law. 5. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J.)