RAM SHANKAR RAI @ SHANKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this Letters Patent Appeal the challenge is against the order of the learned Single Judge dated 27.4.2006 in C.W.J.C. No. 4631 of 2000 on the premise that the order remitting the matter to the Director of Consolidation for fresh decision in accordance with law is not legal and permissible as the matter was decided by the Deputy Director of Consolidation. It is, in short, submitted that as the revisional order under challenge came to be recorded by the Deputy Director of Consolidation, the matter ought to have been sent to him.

(2.) SEC .35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Act) provides for revision and reference. The Director of Consolidation is the authority under Sec.35 of the Act. However, the Director of Consolidation can, also, depute or delegate power to the Joint Director or Deputy Director of Consolidation.

(3.) THIS Letters Patent Appeal therefore, shall stand disposed of with the aforesaid modification.