YOGESH CHATURVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the counsel appearing for the respondents.

(2.) THIS application has been filed for quashing the order dated 19.3.2002, passed by the Divisional Commissioner, Munger in Jamui Revision Case No. 18 of 1997 -98 as well as the order dated 7.1.1998, passed by the Additional Collector, Jarnui in Revision Case No. 25 of 1997. -98 which has been preferred by respondent nos. 6 to 9.

(3.) PETITIONERS case is that the land was settled in favour of Shiv Prasad Chaturvedi the grand father of the petitioner, his name was entered in Register -II and he continued to pay rent with respect to the land and receiving rent receipts (Annexure -1 series). Respondents 6 to 9 in the year 1995 filed an application before the Deputy Collector, Land Reforms Jamui under Section 14 of the Bihar Tenants Holding (Maintenance of Record) Act, 1973 for fixing land revenue in their name and for issuance of rent receipts. The respondents opted for a wrong forum as under the Act the Circle Officer of the area is vested to exercise jurisdiction under section 14 of the Act. The Deputy Collector, Land Reforms rejected the claim of respondents and the jamabandi which was running in the name of the petitioner continued. Against this order respondents preferred Revision Case No. 25, 1997 -98 before the Additional Collector, Jamui which according to the petitioner, was decided ex -parte in favour of the respondents without any notice to the petitioner. Against the order passed by the revisionai authority dated 7.1.1998 petitioner preferred second revision before the Divisional Commissioner under Section 17 of the Act which has been dismissed on the ground that power of revision under section 17 of the Act has been deleted and now the Commissioner has no jurisdiction to exercise the revisionai power.