Bihar Consolidation of Upholdings and Prevention of Fragmentation Act, 1956; Section 37- A 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 Section 37 of the Consolidation 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 – The bar of Civil Court imposed by Section 37 of the Consolidation Act is concerned, a plain reading of the said provision would reveal that the Civil Court is prohibited from entertaining any suit to vary or set aside any decision or order of the Consolidation Court passed under the Act in respect of the matter for which the proceedings could have or ought to have been taken under the Consolidation Act. 23. In the instant case, the plaintiff-appellant has not instituted any suit either to vary or set aside any decision or order passed by the Consolidation Court under the Consolidation Act. The plaintiff-appellant had simply filed a suit for recognising the rights which have been conferred upon him by the Consolidation Court and has not filed a suit challenging any order passed by the Consolidation Court under the Act. Therefore, the bar of jurisdiction of Civil Court imposed by 14 Section 37 is not applicable to the present suit which is a simpliciter for declaration of his rights over the suit land on the basis of the order of the Consolidation Court. (Para 12-25)
Revenue Authorities – 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. (Para 17)