MUKHLALSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition arises out of a proceeding under the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (in short, 'the Act'). The petitioner has challenged the validity of the revisional order as contained in Annexure-2. It is urged that the officer, namely, Sri A.K. Siha described as Research Officer, Directorate of Consolidation, was not competent to pass the order. It is said that Sri Sinha being an officer of the rank of Deputy Collector ought not to have set in revision and set aside the order passed by an officer of the rank of Additional Collector exercising the appellate powers as Deputy Director of Consolidation.

(2.) The foundational facts are not in dispute. The Director of Consolidation in his affidavit has admitted that the delegation of power in favour of Sri A.K. Sinha was not appropriate. He has, however, taken the plea that the mistake occurred on account of the 'faulty' language of the relevant provisions of the Act. He has stated that the Government is being moved for necessary amendment in the Act. Sri A.K. Sinha has also filed an affidavit taking shelter of the provisions of Section 34(2) of the Act. He has stated that it has never been the practice in the Consslidation Directorate that the officer hearing revision-petitions should be senior in rank to the officer who had passed the appellate order as Deputy Director of Consolidation.

(3.) Section 35 which contains the provision regarding revision, as it originally stood, was in the following terms :