RADHA KRISHNA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In an application under Articles 226 and 227 of the Constitution, these petitioners pray for quashing Annexure 8. Annexure 8 contains an order passed by the Additional Member, Board of Revenue.

(2.) By Annexure 8, the learned Additional Member, Board of Revenue, was pleased to set aside the order of the Additional Collector and to remand the same to him for a fresh disposal in accordance with law and evidence. It is against this order that these petitioners have moved this Court.

(3.) Learned counsel for the petitioners contends that the learned Additional Member, Board of Revenue, had no jurisdiction to remand the matter after setting aside the order of the Additional Collector. We are unable to accept this contention. Annexure 6 contains the order of the Collector under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'). These petitioners preferred an appeal under Section 30 of the Act to the Collector of the district. The Collector of the district in appeal upheld the order contained in Annexure 6. In revision under Section 32 of the Act, the learned Additional Member, Board of Revenue, set aside the orders contained in Annexures 6 and 7 and remanded the whole matter to the Additional Collector (Collector under the Act) for a fresh decision in accordance with law.