Patna High CourtCWJC/19397/2011disposed

Ashwani Kumar Singh And ORS v. The State Of Bihar And ORS

2016-08-16Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19397 of 2011 ====================================================== Ashwani Kumar Singh Son of late Nand Kishore Singh, Resident of villagePhulwaria, P.O.-Telari, P.S.-Chenari, District-Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Director Consolidation, Bihar, Patna.

3. Joint Director, Consolidation, Bihar, Patna.

4. Dy. Director, Consolidation Rohtas.

5. Consolidation Officer, Chenari Rohtas.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Tiwary For the Respondent/s : Mr. Madanjeet Singh, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-08-2016 A supplementary affidavit is filed stating that Mauza Phulwaria, Thana No. 431 within Chenari P.S. has not been de-notified till date under Section 26A of the Bihar Consolidation of Holdings And Prevention of Fragmentation Act, 1956 (for short "The Act").

The grievance of the petitioner is that the proceeding initiated by him vide Consolidation Case No. 2/1986-87 is still pending consideration before the Consolidation Officer, Chenari, Rohtas. It is stated that the said matter was remanded by this Court to the said authority on an application filed by the petitioner vide C.W.J.C. No. 9442 of 1994 (Annexure-4). I have heard the parties.

Patna High Court CWJC No.19397 of 2011 (4) dt.16-08-2016 2/2 If the case of the petitioner, on remand, is pending consideration before the respondent-Consolidation Officer and there has not been any notification under Section 26A of the Act, this Court finds no difficulty in directing the said respondent to take up the said case and dispose of in accordance with law as quickly as possible preferably within two months from the date of receipt/production of a copy of this order.

The writ application is disposed of with aforesaid direction.

(Kishore Kumar Mandal, J) rohit/- U