Hari Narayan RamversusThe State Of Bihar and Ors

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.21665 of 2014
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                  Hari Narayan Ram Son of Late Jhagru Ram Resident of Village - Nat, P.S-
                  Buxar, District - Buxar.

                                                                            ... ... Petitioner/s
                                                      Versus
            1.    The State Of Bihar.
            2.    The Principal Secretary, Department of Land Reforms, Government of
                  Bihar, Patna
            3.    The Director Consolidation, Land Reforms Department, Government of
                  Bihar, Patna.
            4.    The District Magistrate, Buxar.
            5.    The Consolidation Officer, Buxar.
            6.    Bishwanath Ram Son of Late Katwaru Ram, Resident of Village - Nut, P.S. -
                  Buxar, District - Buxar.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. Amish Kumar, Advocate
                  For the Respondent/s   :      Mr. Yogendra Pd. Sinha, AAG-7
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

10   27-01-2026                 Heard Mr. Kaushal Kumar Jha, learned Senior

                    counsel for the petitioner and Mr. Shankar Kumar, learned AC

                    to AAG-7.

                                2. The present petition has been preferred for the

                    following relief(s):

                                              “i. For direction to the respondent

                                   concerned to dispose of the application dated

                                   26.09.2014 filed by the petitioner for making

                                   correction in the Chakbandi Map as well as the

                                   Khatiyan under Section 33(A) of the Bihar
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                          Consolidation of Holdings and Prevention of

                          Fragmentation Act, 1956.

                                      ii. For direction to the respondent

                          concerned make neccessary correction in the

                          Chakbandi Map as well as Khatiyan of the

                          Petitioner forthwith.

                                      The        Petitioners   further    prays    for

                          issuance          of        writ/writs,        order/orders,

                          direction/directions for the following relief reliefs

                          which he is entitled to in the facts and

                          circumstances of the present case.”

                      3. The land is in the Buxar district under revenue

         village Mauja – Naat, Thana No. 382 and the claim of the

         petitioner is/are that plot nos. 216 and 217 were purchased by

         the ancestors on 09.06.1959.

                      4. A petition was earlier preferred before the

         Consolidation Officer, Buxar and thereafter, the writ petition

         was filed with two fold prayers:

                              “(i) to direct the respondents to dispose of the

                  said representation and;

                              (ii) to make necessary correction in the

                  Chakbandi map/khatiaan relating to the petitioner.”
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                      5. During the pendency of the writ petition, in came,

         the order dated 26.12.2014 passed by the Consolidation Officer,

         Buxar Sadar rejecting the said prayer after recording that the

         said land in question has already been notified by S.O. No.

         28(II) dated 31.03.2008 and six years later, the office do not

         have any power to interfere in it. The order closes with the

         direction to the petitioner to move before an appropriate Court

         under appeal for the redressal of the grievance.

                      6. The same has now been brought on record by way

         of Interlocutory Application.

                      7. The claim of the petitioner, as submitted, by learned

         Senior counsel is that a petition was filed, report was called for,

         based on the said report, an order has been passed. However, in

         between, the petitioner was neither provided the report nor

         heard before the order in question was passed.

                      8. Learned State counsel based on the counter-

         affidavit filed on behalf of the Consolidation Officer, Buxar

         Sadar, Buxar submits that the order in question clearly shows

         that the notification took place in the year 2008 itself and six

         years later, the petitioner came out of deep slumber and in that

         background, the order in question has rightly been passed.

                      9. Learned Senior counsel submits that in the counter-
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         affidavit, the State has not disputed the fact that neither the

         report sought for was handed over to him nor they were heard

         before the order in question came.

                      10.    The      petitioner     has   made   a   claim,   the

         Consolidation Officer has passed an order, the area stands

         notified in the year 2008 itself. However, the fact remains that

         even if the petitioner has to move in appeal as directed by the

         Consolidation Officer in his order dated 26.12.2014, he has to

         be armed with all the documents to assail the inclusion of his

         land in the notification and/or the order passed by the

         Consolidation Officer, Buxar Sadar. The admitted fact is that

         neither the copy of the report sought for by the Consolidation

         Officer on the petition preferred by the petitioner was handed

         over to him nor he was heard.

                      11. On this limited point, this Court is constrained to

         set aside the order dated 26.12.2014 passed by the

         Consolidation Officer, Buxar Sadar allowing the petitioner to

         approach afresh who shall be passing a reasoned order after

         hearing all the parties. Needless to add, the documents on which

         the Consolidation Officer, Buxar Sadar shall rely should be

         handed over to the petitioner seeking his response before the

         reasoned order is passed.
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                                12. The writ petition stands disposed of with aforesaid

                   observation.

                                13. Interlocutory application, if any, also stands

                   disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

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