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Judgment
Seema Ali Khan, J.—The facts of this case need not be stated in view of the orders which this Court intends to pass.
The dispute is an old one pending since 1977-78 with respect to the creation of Chaks in the name of the petitioners and the respondents. Vide annexure-3 dated 27.10.1983 the Consolidation Officer allowed the case of the respondent No. 5. The petitioners moved in appeal. The appellate Court remanded the case to the Consolidation Officer vide his order dated 27.10.1983 in Case No. 51 of 1977-78/241 of 1983. After the order of remand, the Consolidation Officer passed an order on 25.7.1984 in favour of the respondent No. 5 which has been challenged by filing a revision application u/s 35 of the Act before the Joint Director, Gaya.
On perusal of the order dated 5.6.1987 it would appear that the Joint Director has shirked from the duty of passing a< speaking, reasoned and considered order. Merely stating that the lower Courts i.e. Consolidation Officer and Deputy Collector have decided in favour of respondent No. 5 or respondent Nos. 6 to 8 is not good enough reason for dismissing the appeal. The revisional authority ought to have given reasons to support the case of one or the other party.
Mr. Pushkar Narain Shahi, learned Counsel appearing on behalf of respondent Nos. 6 to 8 submits that a Title Suit numbered as Title Suit No. 80 of 1985 was filed by the petitioners for declaration that the Hukumnama on which the respondent Nos. 5 to 8 stake their claim is not a valid document and that the petitioners have acquired title to the suit lands through a deed of gift executed by respondent No. 9. This suit was dismissed for default.
Counsel for respondent No. 9 is also present in Court and supports the case of the petitioners with respect to the deed of gift.
Considering all the facts the matter is remanded to the Director, Consolidation to hear the petitioners, respondent Nos. 5 to 8 and respondent No. 9 and pass a reasoned order dealing with all aspects of the case. The parties appearing before this Court are obliged to participate and co-operate with the Director, Consolidation so that the matter can be disposed of within a period of six months on receipt/production of a copy of this order.
This application is disposed of with the aforesaid observations and directions.