CIVIL WRIT JURISDICTION CASE No.6198 OF 1992 --------- In the matter of an application under Articles 226 and 227 of the Constitution of India. --------------- 1. Sidheshwar Narayan Singh 2. Bishmeshwar Narayan Singh 3. Daneshwar Narayan Singh, All sons of Late Shyam Narayan Singh. 4. Sabitri Singh, W/O late Ekeshwar Narayan Singh 5. Binay Kumar Singh 6. Abhay Kr. Singh, sons of late Ekeshwar Narayan Singh. 7. Dhanji Singh, son of late Ekeshwar Nr. Singh 8. Sardha Singh, w/O Pramod Kumar Singh 9. Sharda Singh, W/O Dhirendar Pratap Singh. 10. Bidya Singh,W/O Bijay Narain Singh, all daughters of late Shyam Narayan Singh, resident of Village- Sheopur, P.S. Bhabhua, District- Kaimur ----- Petitioners. Versus. 1. Satyendra Bahadur Singh. 2. Brajendra Bahadur Singh both sons of Dineshwar Pd. Singh. 3. Dineshwar Pd. Singh, S/O late Kamta Singh. 4. Harendra Singh S/O late Ambika Singh. Nos. 1 to 3 of Village- Sheopur, P.S. Bhabua, Distt. Bhabua. No.4 resident of Village-Kabilashpur, P.S. Durgawati, Distt. Bhabua. 5. Asstt. Consolidation Officer, Bhabua 6. Consolidation Officer, Bhabua. 7. Dy. Director, Consolidation, Rohtas. 8. Jt. Director, Consolidation, Bihar, Patna. 9. State of Bihar ------ Respondents. ----------- For the Petitioners : Mr. Kumar Uday Singh. For the Respondent Nos. 5 to 9:Mr. Pankaj Kumar Sinha, Assistant Counsel to Standing Counsel No.3. For Respondent nos. 1 to 4 : None. ---------- P R E S E N T --------- THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE KISHORE K.MANDAL S.K. Katriar, J. This writ petition is directed against the order dated 28.3.1992 (Annexure-5), passed by the learned Joint Director Consolidation (Headquarter), Patna, in Revision Case no.179 of 1991, passed in purported 2 exercise of powers under section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act). 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It arises out of consolidation proceeding and is with respect to C.S. Plot Nos. 437 and 441, corresponding to R.S. Plot Nos. 235 and 241, measuring total area of 1.44 Acres, appertaining to Tauzi No. 2988, Village Rampur, P.S. Bhabua, District- Bhabua. It appears that during the survey operations, the lands in question were recorded in the name of Ambika Singh, the vendor of the respondents herein. He had executed registered sale on 14.7.1982, in favour of respondent nos. 1 and 2 herein. The petitioners filed objection before the learned Assistant Consolidation Officer, stating therein that the lands in question may be recorded in their favour and Chak be prepared accordingly. The same was registered as Case No. 130 of 1982. On the other hand, the transferees filed a similar application which was registered as Case No.140 of 1988. The same was disposed of by order dated 29.8.1988 (Annexure-3), whereby the lands were indeed recorded in the names of the transferees. It was stated in the order-sheet of Case No. 130 of 1982, that the same shall abide the result of Case No.140 of 1988. Aggrieved by the order dated 29.8.1988 (Annexure-3), the petitioners herein preferred appeal which was dismissed by order dated 30.11.1990 (Annexurer-4), passed by the learned Deputy Director of Consolidation, Rohtas in Appeal No. 797 of 1988-89. The same has been upheld by the impugned order. It is thus evident that the three authorities under the Act have concurrently found that the entries have been made and Chaks have been prepared on the basis of the registered sale deed. We are 3 indeed mindful of the position that the petitioners have set up their case that Ambika Singh did not have the right, title, and interest in alienating the lands in favour of respondent nos. 1 and 2, and has committed fraud. Such a declaration could have been granted by the civil court, provided the petitioners had instituted an appropriate suit before the civil court failing which the sale deed as it stands holds good. We, therefore, find no fault with the impugned order. The writ petition is accordingly dismissed. ( S.K. Katriar, J.) ( Kishore K. Mandal, J.) High Court Patna, Dated 14th January, 2010. Vinay/ N.A.F.R.