SHARIF MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The case has a checkered litigative history but we pick up the thread from 1973 when the present appellants before us initiated a case for mutation of their names which was rejected by the Anchal Adhikari, Bhabhua. Appeal filed against the aforesaid orders of the Anchal Adhikari was dismissed by the Deputy Commissioner, Land Reforms on 7/5/1976. Thereafter, the appellants filed appeal before the Collector, Rohtak who dismissed the appeal on 22/6/1977. Against that order a revision was filed before the Commissioner, who by his order dated 4/2/1980, allowed the revision and directed that an enquiry be made to ascertain if the land in question was in actual physical possession of the appellants. This order was challenged in the High court, which by its judgment and order dated 11/9/1985 allowed the writ petition and held that the Commissioner had no jurisdiction to hear and decide the revision filed by the appellants. It is against this order that the present appeal has been filed.

(2.) Relying upon Section 8 of the Bihar Land Reforms Act, 1950 and Rule 8 framed thereunder, the High court held that the Commissioner had no jurisdiction to entertain a revision against the order of the collector. For thatpurpose, the High court relied upon an earlier decision of its own in Baldeo Prasad Sah v. comm. of Bhagalpur Division. This decision has since been followed by that High court in another case, namely, Sk. Gajar v. State of Bihar in which the decision was rendered by Mr Justice Lalit Mohan Sharma (as his Lordship then was) and it was held that:

(3.) This being the settled law, we are of the view that the High court was right in allowing the writ petition and setting aside the order passed by the Commissioner.