ARUN KUMAR SINHA Vs. SURESH PRASAD

JUDGEMENT

(1.) WE have heard counsel for the appellants and we are satisfied that the judgment and order of the learned Judge is fully in accordance with law. No interference is called for.

(2.) IT is not in dispute that the Bihar Tenants' Holdings (Maintenance of Records) Act, 1973 (hereinafter to be referred to as 'the Act') earlier provided for two revisions one by the Collector of the district under Section 16 of the Act and the other by the Commissioner under Section 17 of the Act. Under Section 16 of the Act the Collector of the district was authorised, on an application made to him in this behalf, or for the purpose of satisfying himself as to the legality or propriety of any order made under the Act or the rules made thereunder by any authority or officer, to call for and examine the record of any case pending before or disposed of by such authority or officer and pass such order as he thought fit. In the case of an application by a party, aggrieved by any order, such a revision was maintainable if it was filed within 30 days. The right under Section 16 of the Act has remained unaffected and the appellants have availed of such remedy provided under this provision.

(3.) SECTION 17 of the Act is expressed in different terms. Under Section 17, the Commissioner of the Division could call for the record of any case which had been decided under the Act by the Court of the Anchal Adhikari or the Land Reforms Deputy Collector or the Collector, and in which either no appeal had been preferred therefrom or no appeal lay, and if it appeared to the Commissioner that such officer had acted without jurisdiction, or in excess of jurisdiction vested in him by law; or had failed or improperly refused to exercise a jurisdiction so vested in him; or has acted in the exercise of his jurisdiction illegally or with material irregularity, then he could after giving reasonable notice to the parties concerned to appear before him, and after hearing the parties concerned, pass such order in the case as he thought fit.