JAGAT MAYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shashi Shekhar Dwivedi for the petitioner, and Mr. V. K. Bhagat, learned SC (Ceiling) for the respondents. This writ petition is directed against the order dated 15-1-2003 (Annexure-3), passed by Mr. C. Ashok Vardhan, learned Additional Member, Board of Revenue, in Case No. 29 of 2001 (Jagat Maya Devi v. State of Bihar), in purported exercise of powers under Section 32 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act), whereby he has held that the revision application before him was not maintainable.

(2.) According to the writ petition, the petitioner is the landholder and proceedings under the Act were started against her. The learned Additional Collector (Ceiling), Darbhanga, being the first authority, i.e. Collector under the Act, passed the final order on 12-8-97 (Annexure-1), in Land Ceiling Case No. 349 of 1977-78 (State of Bihar v. Mostt. Jagat Maya Devi). Aggrieved by this order, the landholder preferred appeal before the learned Collector of the district of Darbhanga which was registered as Ceiling Appeal No. 50/97-98 (Smt. Jagat Maya Devi v. State, and was disposed of by order dated 10-5-2001 (Annexure 2). Aggrieved by this order, the petitioner preferred revision application in terms of Section 32 of the Act before the Board of Revenue, which has been rejected by the impugned order whereby it has been held that the revision application is not maintainable because the petitioner has approached the revisional authority without exhausting the statutory remedy of appeal available to her before the Commissioner.

(3.) While assailing the validity of the impugned order, learned counsel for the petitioner submits that the impugned order is bad in law, inasmuch as the statutory remedy of appeal has already been exhausted and, therefore, the revisional application was competent. He relies on the judgment reported in 1975 Pat LJR 542 (Ram Bilas Mahto v. Addl. Member).