DAMJIBHAI BIJIBHAI VASAVA Vs. RANCHHODBHAI ZINABHAI

JUDGEMENT

(1.) Suit for partition filed by the respondents in respect of Plot No. 64/1/A and other properties was decreed by the trial Court in 1969 which decree was upheld by the first appellate Court and also by the High Court. Since one of the properties in respect of which partition decree was passed was assessed to land revenue payable to the State Govt., the trial Court referred the matter to the Collector under Section 54 of the Code of Civil Procedure for partition. The Collector partitioned the properties by his order dated 1-6-1976. The order of the Collector was challenged by the Appellant before the Deputy Secretary under Section 211 of the Bombay Land Revenue Code, 1879. This Revision was allowed on 2-7-1977 and the Deputy Secretary remanded the matter to the Collector. The order of the Deputy Secretary was challenged by the Respondents in Regular Civil Suit No. 71 of 1978 on the ground that the Deputy Secretary had no jurisdiction to consider the propriety of the order passed by the Collector under Section 54 of the Code of Civil Procedure. The suit was decreed on 22-12-1981. The appeal preferred by the appellant against this decree was dismissed by the District Judge on 20-8-1983. The second appeal thereafter filed by the appellant was summarily dismissed by the High Court on 17-8-1984 on the ground that the appeal did not involve any substantial question of law. The matter is now before us.

(2.) Learned counsel for the appellant contended that the Collector was a Revenue Officer and therefore he was amenable to the jurisdiction of the State Government under the provisions of the Bombay Land Revenue Code, 1879. He placed reliance upon Sections 203 and 211, which are reproduced below:

(3.) It is contended that since it is specifically provided under Section 203 that any order passed by a Revenue Officer under this Act (or any other law for the time being in force) would be appealable to that officer's immediate superior, the order passed by the Collector could be legally challenged under the Code to the superior officer. Under Section 211 the revisional jurisdiction of the State Government could also be invoked.