RAM BALAK SINGH versus STATE OF BIHAR AND ANR.

Citation: [2024] 6 S.C.R. 1 · Decided: 01-05-2024 · Supreme Court of India · Bench: PANKAJ MITHAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

* Author
[2024] 6 S.C.R. 1 : 2024 INSC 360
Ram Balak Singh 
v. 
State of Bihar and Anr.  
(Civil Appeal No. 1627 of 2016)
01 May 2024
[Pankaj Mithal* and Prasanna Bhalachandra Varale, JJ.]
Issue for Consideration
In view of the bar imposed u/s. 37 of the Bihar Consolidation of 
Upholdings and Prevention of Fragmentation Act, 1956, the order 
of the Consolidation Authority confirming the title of the appellant 
over the suit land and directing for recording his name in the record 
of rights, liable to be reversed or ignored by the Civil Court.
Headnotes
Bihar Consolidation of Upholdings and Prevention of 
Fragmentation Act, 1956 – s. 37 – Bar of jurisdiction of Civil 
Court – Order of the Consolidation Authority confirming the 
title of the appellant over the suit land, liable to be reversed or 
ignored by the Civil Court – On facts, recognition of appellant’s 
rights over the suit land by the consolidation authorities, 
however, subsequently, the State started interfering with 
the possession of the appellant – Suit filed by the appellant 
for declaring his title over the suit land and to confirm his 
possession over it – Decreed in his favour by the trial court, 
however, the appellate courts discarded the order of the 
Consolidation Officer and dismissed the suit – Correctness:
Held: Revenue entries are not documents of title and do not 
ordinarily confer or extinguish title in the land but, nonetheless, 
where the revenue authorities or the consolidation authorities are 
competent to determine the rights of the parties by exercising 
powers akin to the Civil Courts, any order or entry made by 
such authorities which attains finality has to be respected and 
given effect to – Consolidation Officer referring to the patta by 
which the said land was settled in favour of the appellant’s father 
and the adoption deed directed the name of the appellant to be 
recorded in the record of rights – Rights of the parties over the 
suit land stood crystalised with the passing of the order by the 
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[2024] 6 S.C.R.
Digital Supreme Court Reports
Consolidation Officer which became final and conclusive – State 
never challenged the same – When the rights of the appellant have 
been determined and recognised by the consolidation authorities, 
the order of the Consolidation Officer to that effect in favour of 
the appellant could not have been ignored by the Civil Court – 
Jurisdiction of the Civil Court in respect of the rights determined 
by the Consolidation Officer stands impliedly excluded by the very 
scheme of the Consolidation Act – Appellate courts below erred in 
holding otherwise discarding the order of the Consolidation Officer 
which was sacrosanct as to the rights in respect to the suit land 
– Civil suit for declaration of rights in respect of land where the 
Consolidation Court has already passed an order recognizing the 
rights of one of the parties is not barred by s. 37, as it does not 
propose to challenge any order passed by the Consolidation Court 
under the Act and that the Civil Court is not competent to either 
ignore or reverse the order passed by the Consolidation Officer 
once it has attained finality – Thus, the impugned judgment and 
orders of the appellate courts set aside and that of the trial court 
is restored. [Paras 17-26]
Bihar Consolidation of Upholdings and Prevention of 
Fragmentation Act, 1956 – Scheme of the Consolidation Act 
– Explained. [Paras 13, 14, 16]
List of Acts
Bihar Consolidation of Upholdings and Prevention of Fragmentation 
Act, 1956; Constitution of India.
List of Keywords
Bar of jurisdiction of Civil Court; Order of the Consolidation 
Authority; Title over suit land; Recording of name in the record 
of rights; Revenue entries, not documents of title; Correction of 
the entry; Adoption deed; Declaration of rights; Cause of action; 
Closure of consolidation proceedings; Recognition of rights by the 
consolidation authorities.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1627 of 2016
From the Judgment and Order dated 20.10.2011 of the High Court of 
Patna in SA No. 384 of 2008
[2024] 6 S.C.R. 
3
Ram Balak Singh v. State of Bihar and Anr. 
Appearances for Parties
Lakshmi Raman Singh, Ms. Nandadevi Deka, Kwan Singhjaggi, 
Zain Haider, Vivek Singh, C.P. Rajwar, Rohan Chandra, Advs. for 
the Appellant.
Manish Kumar, Suyash Vyash, Advs. for the Respondents.
Judgment / Order of the Supreme Court
Judgment
Pankaj Mithal, J.
1.	
This is plaintiff’s appeal arising out

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