VIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Niraml Kumar Sinha for the petitioners, Mr. Rajeshwar Prasad, Govt. Pleader No. VI for respondent nos. 1 to 7, and Mr. S.K. Thakur for respondent nos. 8 to 11. This application is directed against the order dated 23.2.99 (Annexure 3), passed by the learned Director of Consolidation (Headquarters, Bihar, Patna) in Revision Case No. 240 of 1997 (Keshri Nandan Prasad Sah V/s. Gulabo Devi and Ors.) in purported exercise of powers under section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act.

(2.) ON a perusal of the materials on record and consideration of the submissions of learned counsel for the parties, it appears to me that the impugned order is bad in law for reasons more than one. It is first of all vulnerable on the ground that it has been passed by a Deputy Director of Consolidation. In the scheme of the Act, the power of revision is vested with the authority not below the rank of Joint Director of Consolidation. Secondly, the impugned order does not state any reason in its support. In an order covering tour pages, three -and -a half pages have been devoted to statement of the case of the parties and the revision application has been disposed of by the following portion of the order: (Local language)