RAJEEV SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner by this writ application has challenged the orders issued from the Board of Revenue under the signature of the Secretary, Board of Revenue whereby purporting to act in pursuance to the amendment to Sec.16(3) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, as made by the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2006 [Bihar Act 10, 2006] as published in the Bihar Gazette (Extra Ordinary) dated 4.5.2006, all revision applications pending before the Board of Revenue which had been filed in matters arising from Sec.16(3) of the Act under Sec.32 thereof to be transferred to the Divisional Commissioners. In other words, all revision applications before the Board of Revenue in relation to pre -emption matters have been directed to be transferred to the Divisional Commissioners for final disposal.

(2.) THE matter was heard and on behalf of the State. Sri Lalit Kishor, Sr. Advocate learned Addl. Advocate General III appeared. With consent of parties, this application is being disposed of at the stage of admission itself.

(3.) "Collector" has been defined by Sec.2(b) of the Act to mean "Additional Collector and any person authorised by the State Government in this regard by a notification". This definition of "Collector" is for the purposes of the entire Act and unless context otherwise speaks, it has to be read wherever the expression "Collector" has been used. I may point out that under Sec.30 itself a distinction has been drawn between "Collector" and "Collector of the District" "inasmuch as if an order has been passed by an Officer below the Collector of the District, then an appeal would lie to the Collector of the District though Collector of the District would also come within the meaning of the word "Collector".