Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 – Section 10(B) – 37 – Jurisdiction of Civil Court – Finality of Consolidation Officer’s order – Recognition of rights – Bar under Section 37 of the Consolidation Act. The dispute involves 0.32 decimal of land in village Kishanpur, Bihar, carved out from C.S.P. No.332, settled by ex-landlord Rambati Kuwer in favor of Makhan Singh, subsequently inherited by the plaintiff-appellant.
After the land was incorrectly recorded in the State’s name, plaintiff-appellant successfully applied for correction under Section 10(B) of the Consolidation Act, with the Consolidation Officer’s order becoming final and conclusive. State Authorities later claimed ownership over the land, leading to the plaintiff-appellant filing a suit for declaration of his rights.
The key issue is whether the Civil Court can disregard the Consolidation Officer’s order confirming the plaintiff-appellant’s title, considering the bar under Section 37 of the Consolidation Act.
The Supreme Court ruled that the Consolidation Officer’s order, once final, cannot be ignored by the Civil Court. The jurisdiction of the Civil Court is impliedly excluded by the Consolidation Act’s scheme. The Court clarified that Section 37 does not bar suits merely seeking recognition of rights determined by the Consolidation Court, thus validating the plaintiff-appellant’s suit. Consequently, the appellate court’s decisions were set aside, and the trial court’s decree was restored in favor of the plaintiff-appellant. (Para 26)
SUPREME COURT OF INDIA
2024 STPL(Web) 311 SC
[2024 INSC 360]
Ram Balak Singh Vs. State Of Bihar And Anr
Civil Appellate Jurisdiction Civil Appeal No. 1627 Of 2016-Decided on 01-05-2024
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