LAWS(PAT)-1991-8-26

KEDAR NATB PRASAD Vs. STATE OF BIHAR

Decided On August 22, 1991
KEDAR NATB PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) -Since common question of law and facts are involved in all these writ applications, which were directed to be heard together, they are being disposed of by this common judgment.

(2.) It appears that against the writ petitioners applications were relied by respondent No. 3, in each cases, claiming himself to be an under raiyat before the Deputy Collector Land Reforms, Katihar. The Deputy Collector by his orders, as contained in Annexure-4, rejected the applications at the stage of initiation of the proceedings as having been filed with an object to harass the petitioners and to grab their lands. Against the orders of the Deputy Collector respondent No. 35went up in revisions before the Collector, Katihar, who by his order dated 11-10-1982/2-11-1982 (as contained in Annexure-11) allowed them and remitted the causes to besides to disposed of in accordance with law. The petitioners challenge the aforesaid revisional orders (as contained in Annexure-1) in all writ applications as being wholly without jurisdiction inasmuch as under the Act or the Rules framed thereunder no revision lay against the orders at the stage of Section 48-E (1) of the Act of the Deputy Collector Land Reforms.

(3.) No counter-affidavit has been filed to these writ applications except in C, W. J. C. 417 of 1983 stating therein that the Collector of the District has got supervisory power over his subordinate and under which he has entertained the revision application and has directed the Deputy Collector Land Reforms to act in accordance with law.