SHIV NANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER has filed this writ application for quashing of order dated 10.7.2002 (Annexure -3) passed by the Divisional Commissioner in Revenue Revision Case No. 29/2001. Learned counsel for the petitioner contends that as per Sec. 16 of the Bihar Tenants ' Holdings (Maintenance of Records) Act, 1973 (hereinafter referred to as 'the Act ' for the sake of brevity) the revisional power has to be exercised by the Collector of the district himself and no other authority has power to entertain the revision under the Act. In support of his contention learned counsel for the petitioner places reliance on a judgment of this Court in the case of Arun Kumar Sinha V/s. Suresh Prasad, 1997 2 PLJR 996.

(3.) FROM a bare reading of Sec. 16 of the Act it appears that the revisional power vests only in the Collector of the district but the impugned order has been passed by the Divisional Commissioner.