MAHANTH RAM SHANKAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been preferred against the order of this court dated 15.1.2002 passed in C.W.J.C. No. 499/2002 whereby the writ application of the appellant has been dismissed. In the writ petition the order of the Collector was challenged under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the 'Act ') by which the Collector had indicated the procedure for disposal of the objection received under section 10 of the Act.

(2.) THE learned writ court found that as the Collector had not decided any issue and the order under challenge was merely an interim order, same did not require to be interfered under Article 226 of the Constitution of India. In the impugned order the learned writ court has further opined that if the writ petitioner was aggrieved by the order disposing of the objections under section 10 of the Act then the parties would have ample opportunity to challenge the same before the appellate and higher authorities.

(3.) WHILE going though the aforesaid judgment, we do not find that the decision arrived at by the writ court under challenge is in any way inflicted with the aforesaid decision. The Collector under the Act had directed the objections to be disposed of. If the final order under section 10(3) of the Act is also passed simultaneously, after considering the objections, the appellant cannot raise any grievance thereto. He will have ample opportunity to raise his grievances, if aggrieved by the aforesaid order at the appellate stage or other higher forum.