RAM MILAN Vs. BANSILAL TEJSINGH

JUDGEMENT

(1.) THIS case was first before one of us (Tare, J.) who referred the case to a division Bench, but in view of the decision of the Bombay High Court in Mahadeo raoji v. Anant Ganesh, AIR 1957 Bom 147 (PB) (A), I considered it expedient to refer the case to a Full Bench. The point involved in the case has had a long history and it is proper to decide it finally.

(2.) THE Tacts of the case appear sufficiently from the order of reference and need not be restated. In Wasudeo Bamchandra Patil v. Nihalchand Chandanmal, 1942 nag LJ 34 (B), Greenfield, Revenue Adviser held that orders passed by the Deputy commissioner under Section 13 of the Relief of Indebtedness Act were appealable and revisable and that the Deputy Commissioner acted as a Revenue Officer and not as a persona designata. In Ishwari Prasad v. Shankarlal, 1942 Nag LJ 420 (C), the same Revenue Adviser held that an order of the Deputy Commissioner granting p. certificate under section 13 (3) of the Act was not appealable. In Dayaldas Girdusa v. Ramrao mukundrao, 1942 Nag LJ 68 (D), Binney, Financial Commissioner took the latter view of an appeal under Section 13-A of the Central Provinces Debt Conciliation. Act (1933) and again in Dhekal v. Kisan, 1943 Nag LJ 119 (E ). In Amrit Nagoji v. Mohanlal, 1944 Nag LJ 537 (P), P. S. Rau, Financial Commissioner referred the following question for the opinion of a Bench : "is a Deputy Commissioner acting under Section 13 (3) of the Debt conciliation Act, 1933 and under Sections 13 (3) and 15 of the Relief of indebtedness Act, 1939 a persona designata, against whose order no revision lies or a revenue officer under Section 9 of the Land Revenue act whose orders are revisable under Section 39 ibid?" greenfield, R. A. and P. S. Rau, P. C. held that the Deputy Commissioner acts as a revenue officer and not as a persona designata.

(3.) THE same question then came before the High Court in another case and I held in Netram v. Laxman, ILR (1948) Nag 142: (AIR 1948 Nag 409) (G), that in passing an order under Section 13 (3) of the Central Provinces and Berar Relief of indebtedness Act the Deputy Commissioner acts as a revenue officer and not as a persona designata, and that as a revenue officer the Deputy Commissioner can review his own order.