Md. Zakir Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1554 of 2013 IN Civil Writ Jurisdiction Case No. 4965 of 1996 ===========================================================

1. Md. Zakir Hussain S/O Muni Ansari Resident Of Village- Meura, P.S- Kudra, District- Kaimur At Bhabua.

.... .... Appellant/s

Versus

1. The State Of Bihar

2. The Director of Consolidation Budh Marg, Patna.

3. Anil Kumar Sinha the Deputy Director of Consolidation (Head Quarter) Budh Marg, Patna.

4. The Consolidation Officer, Kudra, Rohtas.

5. Md. Mahmood Alam Ansari S/O Late Md. Safi Mian Resident Of VillageBhaluhipur, P.O- Arrah, P.S- Kudra, District- Kaimur At Bhabua.

6. Shahjahan Begum D/O Late Md. Safi Mian Resident Of Village- Bhaluhipur, P.O- Arrah, P.S- Kudra, District- Kaimur At Bhabua.

7. Noorjahan Begum D/O Late Md. Safi Mian Resident Of Village- Bhaluhipur, P.O- Arrah, P.S- Kudra, District- Kaimur At Bhabua.

8. Kaniz Fatima Widow Of Late Md. Safi Mian Resident Of Village- Bhaluhipur, P.O- Arrah, P.S- Kudra, District- Kaimur At Bhabua.

9. Md. Alamgir S/O Late Jaygun Khatoon And W/O Late Mansur Mian) Resident Of Village- Menra, P.S- Kudra, District- Kaimur Bhabua, At Present Residing At Village- Abdulganj, Bans Bagan At Titagarh, 24 Pargana (North), West Bengal.

10. Noorjahan Khatoon W/O Not Known Resident Of Village- Menra, P.S- Kudra, District- Kaimur, Bhabua.

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

For the Appellant/s : Dr Kislay For the Respondent/s : Mr. Ashok Kumar Gupta, AC to GP 10 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 03-03-2017 I.A. No.8544 of 2013 is allowed. Delay of 138 days is condoned. Matter is taken up on the merits.

Heard counsel for the appellant and counsel for the

Patna High Court LPA No.1554 of 2013 dt.03-03-2017 2/2 State.

The finding recorded by the learned Single Judge is that against the decision of the consolidation authorities a revision was directly filed before Deputy Director, Consolidation, which was Revision Case no.182 of 1995, which was entertained and an order was given for change in the name of the person in the consolidation records. All this was done on a notarized kind of the statement filed on their behalf and without opportunity of hearing to the other side. Because of the serious procedural omission, the learned Single Judge quashed the order dated 12.7.1995 and permitted the parties to take recourse to law. He has committed no error by doing so.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 04.3.2017 Transmission Date NA