DANU MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two writ petitions under Article 226 of the Constitution have been filed for quashing the order of the Research Officer dated 3.3.1994 in Revision Case no. 350 of 1993 as also the order dated 21.12.1994 in Revision Case No. 207 of 1994 whereby he has allowed both the cases. As the dispute involved in both the cases are common between the same parties, therefore they are being disposed of by this order.

(2.) THE main question which has been raised for consideration is whether the Research Officer, being an officer of the rank of Deputy Collector, can exercise revisional powers of the Director, Consolidation, under Section 35 of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act (in short 'the Act')?

(3.) LEARNED counsel for the petitioners contended that by the time, in numerous cases, this Court has already pointed out that the Research Officer cannot exercise revisional power of the Director as provided under Section 35 of the Act.