SHAIKH GAJAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner and the respondent No. 5 are rival claimants for a piece of land detailed in this writ application. After the vesting of the Zamindari in the State of Bihar under the provisions of the Bihar Land Reforms Act, 1950, the respondent No. 5 made an application before the Anchal Adhikari, the respondent No. 4, under Section 6 of the Act for fixation of rent. The prayer was allowed. When the petitioner learnt about it, he moved the Collector, Motihari, in appeal. The impugned order was set aside and the matter was remanded for fresh consideration by the Anchal Adhikari who once more decided the dispute in favour of the respondents. The petitioner then filed another appeal before the Collector which was ultimately heard by the Additional Collector, respondent No. 3, and was allowed in part. The respondent No. 5 filed an appeal before the Collector against the decision of the Additional Collector which was dismissed as not maintainable. Thereafter, he preferred an appeal before the Commissioner, the respondent No. 2 who has by the impugned order in Annexure 1 set aside the order of the Additional Collector and restored the order of the Anchal Adhikari.

(2.) Mr. Khalil has contended that in view of the provisions of Section 8 of the Act, the second appeal before the Commissioner was not maintainable and the order passed by the Additional Collector in exercise of the appellate power was final and not subject to any modification by the Commissioner.

(3.) The case of the petitioner is that the disputed land was recorded in the name of his father as Brit Lakheraj and after vesting of the zamindari it must be deemed to have been settled with him under Section 6 of the Act as he was in khas possession. The orders were passed by the Anchal Adhikari after an enquiry under Section 6(2) of the Act. The Section 8 which is in the following terms provided an appeal against the order: