NAND KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal under Clause 10 of the Letters Patent has been preferred by the respondent no. 5 Nand Kumar Thakur (hereinafter referred to as "the appellant") against the order dated 15th December 2008 passed by the learned single Judge in C.W.J.C. No. 4129 of 1990.

(2.) It is not necessary to refer to the facts of the case in great detail. Suffice it to say that with regard to tenancy rights in respect of Revisional Survey Plot No. 1687, Thana no. 497 situated at village-Bhuskaul, P.S. & Distt.-Darbhanga, the dispute ultimately reached the Settlement Officer, Darbhanga in Revision Application No. 42 of 1985 under Section 103A (3) of the Bihar Tenancy Act, 1985 (hereinafter referred to as "the Act") against the order of the Assistant Settlement Officer. The Settlement Officer vide his order dated 11th April, 1986 allowed the aforesaid revision application and directed that the tenancy right of revisional survey plot no. 1687 be opened in the name of the respondents 2nd set (hereinafter referred to as "the respondents"). The appellant filed a review petition before the Settlement Officer seeking review of the revisional order dated 11th April, 1986 which was allowed on 16th October, 1987.

(3.) The respondents filed an application under Rule 2 framed under the Act before the Divisional Commissioner, Darbhanga challenging the aforesaid order dated 16th October, 1987 passed by the Settlement Officer, raising the ground that the Settlement Officer had got no jurisdiction to review his own order and hence, the order allowing the review application was bad in law. The said petition was dismissed by the Divisional Commissioner, Darbhanga vide order dated 20th June, 1990. The said order dated 20th June, 1990 passed by the Divisional Commissioner, Darbhanga and the order dated 16th October, 1987 passed by the Settlement Officer, Darbhanga were assailed before this Court by filing a writ petition being C.W.J.C. No. 4129 of 1990 under Article 226 of the Constitution of India by the respondents. The learned Single Judge allowed the said writ petition on 15th December, 2008 and quashed the impugned orders dated 16th October, 1987 and 20th June, 1990 relying upon a Full Bench judgment of this Court in the matter of Ram Kishun Mandal & Anr. Vs. The State of Bihar, 1987 PLJR 291 in which it has been held that the Revenue Officer acting under Section 103A (3) of the Act has no inherent power to review his own decision.