IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10781 of 2008 KALAWATI DEVI wife of Sri Nageshwar Prasad Yadav, resident of Village Chak Hassan P.O. Kutubpur Saidpur P.S.Biddupur District Vaishali. Versus 1.THE STATE OF BIHAR 2.The Joint Director, Consolidation Muzaffarpur District Muzaffarpur. 3.The Deputy Director, Consolidation, Hajipur District Vaishali. 4.Consolidation Officer, Biddupur District Vaishali 5.Chandradeep Bhagat 6.Jagdeep Bhagat, both sons of Late Basudeo Bhgat resident of Village Saidpur Kutubpur P.S.Biddupur district Vaishali. 7.Most. Sumitra Devi widow of Late Sakaldeep Bhagat resident of Village Saidpur Kutubpur P.S.Biddupur District Vaishali. ----------- 2 5.5.2009. Heard counsel for the petitioner and the State. This application has been filed by the petitioner for quashing the order dated 1.11.2007, passed by respondent no.2 in Revision case no.44 of 2007 setting aside the order dated 4.6.2007 passed by Deputy Director of Consolidation, Hajipur. The question for consideration before the court below was whether Sumitra Devi was the legally married wife of Sakaldip Bhagat as the petitioner claims her right title interest over Survey Plot no.989 Area 8 decimals and Survey Plot no.835 area 11 decimals on the basis of sale deeds executed by Sumitra Devi. The land originally belong to Sakaldip Bhagat and Sumitra Devi had executed the sale deed claiming to be the widow of Sakaldip Bhagar. Earlier similar matter was being disputed by the pareties and C.W.J.C.No.4115 of 1994 was filed by respondent no.5 and others. The writ application was allowed and the impugned order passed by the revision court was quashed holding that the revision preferred against the order passed under Section 6(4) of 2 the Consolidation Act is not maintainable. So far the merit of the case regarding relation of the vendor of the petitioner as wife of Sakaldip Bhagat is concerned,remained undecided. Against the order passed in C.W.J.C.No.4115 of 1994 L.P.A.No.106 of 1997 was filed by the petitioner Kalwati Devi. The L.P.A. was disposed of and a finding was recorded that the revision application is maintainable against the order passed under Sub Section 4 of Section 6 of the Consolidation Act. The question relating to the relationship of Sumitra Devi with Sakalidp Bhagat was remanded to the Deputy Director, Consolidation for deciding the issue and passing an order. The Deputy Director, Consolidation has recorded a finding in favour of Sumitra Devi holding that she was widow of Sakaldip Bhagat. However, the revisional court has set aside the order passed by the Deputy Director of Consolidation. On perusal of the impugned order I find that the issue whether Sumitra Kuer, the vendor of the petitioner was married to Sakaldip or not is a question of fact for which it is necessary that both parties should lead evidence. Documentary evidence which were presented before the appellate court as well as revisional court were not of much relevance as all the documents were created subsequent to the death of Sakaldip Bhagat. Not a single document was produced by the parties to show Sumitra Devi as wife of Sakaldip. Such issue can be decided only by the civil court. Where parties will examine witnesses and lead evidence. 3 The parties whosoever is aggrieved, may approacy the civil court for deciding this issue. This application is being disposed off. Sss/- (Mridula Mishra, J)