KAMESHWAR YADAV Vs. STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS, PATNA

JUDGEMENT

(1.) HEARD Mr. Arjun Prasad Keshari, learned counsel for the petitioner.

(2.) STATE is represented by Mr. Kameshwar Prasad Gupta, S.C. -V. Mr. Chandra Mauli Prasad Singh, learned counsel appears on behalf of the respondent no.6. Learned counsel for the petitioner raised a short question with regard to maintainability of appeal/revision before the Addl. Collector, Jamui, Respondent No.3, who had passed the impugned order dated 18.2.2002 in Misc. Appeal No. 02/2001 -02 (Annexure -6) and the subsequent order dated 27.12.2002 passed by the Divisional Commissioner, Munger, Respondent No. 2 in Jamui Revenue Misc. Revision No. 29/ 2001 -2002 (Annexure -7).

(3.) IT had been submitted on behalf of the petitioner that the Divisional Commissioner was not competent to entertain and dispose of the Revision under Section 16 of the Bihar Tenants ' Holdings (Maintenance of Records) Act, 1973 (hereinafter referred to as 'the Act ') as the aforesaid provision clearly indicates that only the Collector of the District had been empowered to exercise revisional jurisdiction.