RAJNATH Vs. STATE

JUDGEMENT

(1.) In this writ application the petitioner has challenged the orders contained in Annexures 3 and 4. A proceeding under the Bihar Public Land Encroachment Act (hereinafter referred to as 'the Act') was initiated against the petitioner and by an order dated 10-2-1976 the Deputy Collector Land Reforms directed the petitioner to vacate the encroachment by 1-3-1976. Against that order he filed an appeal, which was registered as Case No. 182 of 1977-78. The Additional Deputy Commissioner, who heard the appeal dismissed the same on 8-2-1980/9-2-1980. These two orders are contained in Annexures 3 and 4.

(2.) Learned counsel appearing on behalf of the petitioner has submitted that the Additional Deputy Commissioner had no jurisdiction to hear and decide the appeal and, therefore, the appellate order contained in Annexure-4 is without jurisdiction.

(3.) An appeal against an order under Ss.6, 7 and 8 can be filed under S.11 of the Act. If such an order is passed by any officer other than the Collector of the district then the appeal lies to the Collector of the district or to any officer specially empowered by the State Government by the notification under S.11 of the Act. It is contended by learned counsel for the petitioner that a general notification empowering the Additional Collectors to discharge all or any of the functions of the Collector is not sufficient. For the purpose of hearing an appeal, according to learned counsel, a notification, as contemplated in S.11 of the Act, has to be made.