JOGENDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This application has been filed for quashing order dated 6-11-1995, passed by the Divisional Commissioner, Bhagalpur in Land Encroachment Appeal No. 15 of 1993-94, contained in Annexure 1, whereby objection of the petitioner in relation to maintainability of the appeal filed before the Divisional Commissioner has been rejected and it has been held that a revision was maintainable before the Divisional Commissioner against the order passed by the original authority.

(3.) Undisputedly, in the present case, the original authority was Anchal adhikari and it passed a final order in the land encroachment proceeding in favour of the petitioner. The said order was assailed in appeal before the District Collector, who by his order dated 8-11-1993, contained in Annexure 9, dismissed the appeal. Against the said order passed by the District Collector further appeal was preferred before the Divisional Commissioner, Bhagalpur, in which the petitioner took an objection that the same was not maintainable. The Divisional Commissioner in the impugned order has held that against the said order a revision was maintainable and consequently, he has directed that the appeal should be treated as a revision.