Gopaljee Tiwary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3332 of 1995 ======================================================

1. Gopaljee Tiwary Son of Late Rashbehari Tiwary

2. Brij Bihari Tiwary

3. Ramdaksha Tiwary

4. Narad Tiwary

5. Ram Lagan Tiwary Petitioner nos. 2 to 5 sons of Late Baikunth Tiwary

6. Jai Narain Tiwary son of Late Ram Bihari Tiwary All resident of village Dhamar P.S. Ara Mufassil Dist. Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Director of Consolidation, Bihar, Patna

3. Deputy Director of Consolidation At & P.S. Ara Dist Bhojpur

4. Consolidation Officer At & P.S. Ara Dist Bhojpur

5. Vinay Bhadur Sinha

6. Kanhaiya Bhadur Sinha both sons of Sri Narendra Bhadur Sinha

7. Usha Sinha widow of Late Sushil Bhadur Sinha All resident of Mohalla East Ramna P.O. & P.S. Ara Dist. Bhojpur

8. Brajendra Bhadur Sinha

9. Ranjit Bhadur Sinha Both sons of Amrendra Bhadur Sinha resident of Mohalla Salempur P.S.Chapra Town P.O. Chapra Dist. Chapra .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For Respondent Nos.11 & 12 : Mr. Ram Naresh Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-03-2018 Nobody appears on behalf of the petitioners.

Heard learned counsel for the State and the learned counsel appearing on behalf of respondent nos.11 and 12. The petitioners have filed this revision petition against the order dated 21.12.1994 passed by the Director Consolidation in Consolidation Revision No.1461 of 1990 by which the permission granted to the respondents under Section

Patna High Court CWJC No.3332 of 1995 (11) dt.13-03-2018 2/2 5(1) read with Section 6(3) of the Consolidation Act was set aside as the lands stand in the name of the respondents during the cadastral and revisional survey. It appears that since the petitioners have already executed the sale deed and Section 5(1) of the Consolidation Act says that the permission shall be subject to the rights and liabilities attached to the land under the scheme of consolidation prepared with respect to that area. If the parties aggrieved by the execution of the sale deed, the party may approach the Civil Court. It appears that the petitioners have lost their interest in pursuing the case.

Accordingly, this writ petition is dismissed. (Prabhat Kumar Jha, J) N.H./- U