DIP NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application by Dip Narain Singh under Articles 226 and 227 of the Constitution of India directed against the order dated 26th June, 1973 annexure '2' passed by the Commissioner of Kosi Division (respondent No. 9) setting aside the order dated 29th March, 1969 (annexure '5' which has been annexed to the supplementary affidavit filed by the petitioner on 17th April, 1974) passed by Shri Kapildeo Sharma, Anchal Adhikati and restoring the order dated 20th November, 1967 passed by another Anchal Adhikari, namely, the predecessor of Shri Kapildeo Sharma. The application is also directed against the order dated 22nd January, 1974 (annexure '1') passed by the Additional Member, Board of Revenue, (responent No. 8) by which, when the petitioner, after the order passed under annexure '2' by the Commissioner had preferred a revision before the Additional Member, Board of Revenue, respondent No. 8 was pleased to reject the application of the petitioner on the ground that no revision was provided under Section 40 of the Bihar Tenancy Act, 1885 (hereinafter referred to as 'the Act'). In the application, therefore, the petitioner has prayed for quashing annexures '1' and '2'.

(2.) In order to appreciate the point involved in this application it will be necessary to state some materinl facts. The petitioner has stated in his application that he was a settled raiyat of village Sardiha, police station Bakhtiarpur, District Saharsa. In the said village Bhukhan Singh, grandfather of the petitioner was the occupancy raiyat of the lands bearing plots No. 63, 65 and 66 of khata No. 398 and plot No. 64 of khata No. 403. The lands were settled with Bhukhan Singh died leaving behind three sons, namely, Sundar Singh, Narsingh Singh and Badri Singh. There was partition of the joint family properties among the three sons of Bhukhan Singh and specified lands were allotted to Badri Singh father of the petitioner who came in exclusive possession. Badri Singh, the father of the petitioner, also died leaving behind his sons. The petitioner is the karta of the joint family along with his brothers. Respondent Nos. 2 to 7 and 13 were Bhaolidars of the lands which were bhaoli. They used to cultivate and pay produce rent to the grandfather and father of the petitioner. Some of them claimed as Sudbharnadars but their claim were not subsisting, according to the petitioner, after vesting of the State under the Land Reforms Act, 1950. The father of the petitioner had made an application for Commutation of rent of the above lands before the Anchal Adhikari of Simri Bakhtiarpur in the year 1966 under Section 40 of the Act. The said Anchal Adhikari, by order dated 20th November, 1967 the copy of which is annexure 'A? to the show cause filed in this court on behalf of respondent No. 13 on 4th May, 1977. The order inter alia reads thus:

(3.) Respondent No. 13 then filed a miscellaneous case before the Commissioner (respondent No. 9) which was registered as Miscellaneous Case No. 5 of 1972-73. This application filed by respondent No. 13 was allowed and the order of the Anchal Adhikari dated 29th March, 1969 allowing commutation of rent was quashed and the order of the Anchal Adhikari dated 20th November, 1967 was made enforceable. In the said order contained in annexure '2' he had also directed an enquiry to be made into the circumstances under which the order dated 29th March, 1963 was passed by suppressing the order dated 20th November, 1967- Aggrieved by the said order the petitioner filed revision application before the Member, Board of Revenue which was heard by the Additional Member (respondent No. 8) who was pleased to pass the following order: Rent commutation matters are dealt within Section 40 of the B. T. Act and Section 40, Sub-section (6) provides for an appeal but no revision is provided for. In fact no revisional power has been vested in the Board in matters of rent commutation. It is, therefore, not possible for the Board to entertain the present petition. Rejected summarily. On behalf of respondent No. 13 show cause has been filed on 4th May, 1977 wherein, inter alia, he has supported the order dated 20th November, 1967 passed by the then Anchal Adhikari, copy of which has been filed by him as annexure 'A' to the show cause application.